History
Congress passed legislation in 1986 to create the Visa Waiver Program with the aim of facilitating tourism and short-term business visits to the United States, and allowing the United States Department of State to focus consular resources on addressing higher risks. The United Kingdom became the first country to participate in the Visa Waiver Program in July 1988, followed by Japan on 16 December 1988.In October 1989, France, Italy, the Netherlands, Sweden, Switzerland and West Germany were added to the VWP.
On 1 April 1995, Ireland was added to the VWP. On 30 September 1997, Slovenia was added. On 9 August 1999, Portugal, Singapore and Uruguay joined the program.
Following the September 11 terrorist attacks, the George W. Bush Administration decided to tighten entry requirements into the United States, as a result of which legislation was passed requiring foreign visitors entering under the Visa Waiver Program to present a machine readable passport upon arrival starting from 1 October 2003. However, as a number of VWP still issued non-machine readable passports (for example, more than a third of French and Spanish passport holders held a non-machine readable version), the implementation of the new rule was postponed to 26 October 2004, with the exception of Belgian citizens, as there were concerns about the security and integrity of Belgian passports.
The George W. Bush Administration originally planned to require all visitors to the US under the Visa Waiver Program to hold a biometric passport starting from 26 October 2004 if their passport is issued on or after that date. However, after the requirement to have a machine readable passport was postponed to 26 October 2004, the biometric passport requirement subsequently had its implementation date moved to 26 October 2005, only to be further postponed by another year to 26 October 2006 at the request of the European Union, which raised concerns about the number of participating countries which would have been able to make the deadline.
Eventually, starting from 26 October 2006, travellers entering the US under the Visa Waiver Program have been required to present a biometric passport if their passport was issued on or after that date. When the new rule came into force on that day, three countries (Andorra, Brunei and Liechtenstein) had not yet started issuing biometric passports.
In November 2006, the George W. Bush Administration announced that plans for an "Electronic Travel Authorization" program (officially named "Electronic System for Travel Authorization") would be developed so that VWP travelers can give advance information on their travels to the United States. In return, they will be given authorization electronically to travel to the United States, although it does not guarantee admission to the United States. This program will be modeled on the Electronic Travel Authority scheme that has been used in Australia for many years.
In October 2008, President Bush announced that the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and South Korea would be added to the program on November 17. "It is a removal of the last relic of Communism and the Cold War", said Czech Prime Minister Mirek Topolánek.
On December 22, 2008, in a joint press conference at Auberge de Castille, Maltese Prime Minister Lawrence Gonzi and U.S. Ambassador Molly Bordonaro announced that Malta would join the program with effect from 30 December 2008.
In January 2009 the first Assistant Secretary (acting as Under Secretary-equivalent) for Policy at the United States Department of Homeland Security Stewart Baker announced that Croatia is expected to join the Visa Waiver program by 2011.
On June 17, 2008, Bulgarian Foreign Minister Ivailo Kalfin and U.S. Homeland Security Secretary Michael Chertoff signed an interim agreement under the Visa Waiver Program, the press service of the Bulgarian Foreign Ministry said in a statement.
Greek citizens became eligible to travel to the U.S. without a visa on April 5, 2010.
President Obama promised that Poland would be added to the program, in a meeting with Polish President Bronislaw Komorowski in December 2010; however no date has been set for when Poland will be added.
Eligible countries
To be eligible for a visa waiver under the VWP, the traveler seeking admission to the United States must be a citizen of a country that has been designated by the United States Secretary of Homeland Security, in consultation with the Secretary of State, as a "program country". Permanent residents of designated countries who are not also citizens of a designated country do not qualify for a visa waiver. The criteria for designation as program countries are specified in Section 217 (c) of the Immigration and Nationality Act (Title 8 U.S.C. §1187). The criteria stress passport security and a very low nonimmigrant visa refusal rate: not more than 3% as specified in Section 217 (c)(2)(A) of the Immigration and Nationality Act, as well as ongoing compliance with the immigration law of the United States.
Eligibility for the visa waiver may be withdrawn at any time. Usually this may happen if the United States feels that citizens of a certain country are more likely than before to violate their VWP restrictions, such as working without a permit or overstaying their allowed period of stay in the United States. Accordingly, Argentina's participation in the VWP was terminated in 2002 in light of the financial crisis taking place in that country and its potential effect on mass emigration and unlawful overstay of its citizens in the United States by way of the VWP. Uruguay's participation in the program was revoked in 2003 for similar reasons. While a country's political and economic standing doesn't directly determine its eligibility, it is widely believed that citizens of politically stable and economically developed nations don't have much incentive to illegally seek employment and violate their visa while in the U.S., risks that the consul seriously considers in approving or denying a visa.
Citizens of 36 countries are eligible for visa-free entry into the United States under the VWP: State Department Visa Waiver Country List and DHS country list.
Europe (30)
Andorra
Austria
Belgium
Czech Republic
Denmark
inc. Greenland
and Faroe Islands
Estonia
Finland
inc. Åland Islands
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
inc. Aruba
Bonaire
Curaçao
Saba
Sint Eustatius
and Sint Maarten
Norway
Portugal
inc. Azores
and Madeira
San Marino
Slovakia
Slovenia
Spain
Sweden
Switzerland
United Kingdom (full British citizens only)
Asia (4)
Brunei
Japan
South Korea
Singapore
Oceania (2)
Australia
New Zealand
Slovenia was the only nation of the ten newly admitted member states that joined the European Union in 2004 that became a member of the program before it was extended in 2008.
Road map countries
Since 2005, the U.S. Department of State has been conducting discussions with countries known as "road map countries," which are interested in joining the VWP.[20] These countries are:
Europe (6)
Bulgaria
Croatia
Cyprus
Poland
Romania
Turkey
South America (4)
Argentina
Brazil
Chile
Uruguay
Asia (2)
Israel
Taiwan
[edit]Guam and Northern Mariana Islands Visa Waiver Program
In the neighboring U.S. territories of Guam and the Commonwealth of the Northern Mariana Islands (CNMI), both located in the western Pacific Ocean, the U.S. federal government has implemented a specific Guam-Northern Mariana Islands Visa Waiver Program. As insular areas of the United States, entry requirements for these territories are the same as any other U.S. destination. However, under this program, first enacted in October 1988 and periodically amended, nationals from several additional countries in Asia and the Pacific islands are permitted to enter the Northern Marianas and Guam as tourists without a visa for up to 45 days (as of November 28, 2009). Travel is not permitted onwards to the mainland United States, and because of special visa categories for the CNMI foreign workers, traveling between Guam and the CNMI still requires a full immigration inspection.
In addition to citizens from the 36 nations designated for the federal VWP, citizens of the following countries in possession of a machine readable passport and with completed Form I-736 (Guam-CNMI Visa Waiver Information form) and Form I-94 (Arrival-Departure Record) may enter Guam or the CNMI visa-free under the specific waiver program applying to the two U.S. territories:
Nauru
Papua New Guinea
Malaysia
Taiwan, only on non-stop flights from Taiwan
Hong Kong, China (holders of Hong Kong Special Administrative Region passports, in conjunction with a Hong Kong permanent identity card)
Holders of British National (Overseas) passports, in conjunction with a Hong Kong permanent identity card
Despite not being included in the new Guam-CNMI visa waiver program, citizens of Mainland China and Russia can still visit the Northern Mariana Islands in a parole arrangement for up to 45 days.
The Northern Mariana Islands had previously been a separate jurisdiction from the United States in terms of immigration control. Under a federalization law passed by the U.S. Congress in 2008, the Northern Marianas' immigration functions were taken over by United States Department of Homeland Security agencies on November 28, 2009. The present Guam-Northern Mariana Islands Visa Waiver Program took effect at that time, replacing previous Northern Marianas' legislation governing entry to the islands and also replacing a previous Guam-specific Visa Waiver Program. That program had included the aforementioned countries as well as Indonesia, Samoa, Vanuatu, and the Soloman Islands, though these countries were removed from the list of eligible nations for the new program.
In the past, the government of the Northern Mariana Islands had issued Visitor Entry Permits (VEP) instead of visas. Citizens of all countries in the federal visa waiver program were exempt from the VEP requirement, as were citizens of Taiwan and holders of Hong Kong Special Administrative Region passports and British National (Overseas) passports. Under the islands' previous immigration policy, citizens of the following countries or jurisdictions were prohibited from entering the CNMI: Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Egypt, Eritrea, Fujian Province of China, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Myanmar, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, United Arab Emirates and Yemen.
Entry into American Samoa
The U.S. territory of American Samoa, located in the southwestern Pacific Ocean, remains outside the standard immigration jurisdiction of the U.S. federal government. The territory's government regulates entry into the territory, permitting tourists to visit for up to 30 days, with an option to extend their stay for an additional 30 days, with approval from the territory's Attorney General. All visitors from outside the islands, including United States citizens, are required to possess a valid passport and proof of onward travel; U.S. citizens may substitute a passport with an authentic birth certificate verifying their nationality. Persons wishing to stay or work in the islands must receive approval from the Office of the Attorney General.
Currently, the territory's government allows visa-free tourist entry to U.S. citizens and citizens of countries in the federal Visa Waiver Program as well as citizens of Canada and the Pacific island nations of Palau, the Marshall Islands, and the Federated States of Micronesia. Upon arrival, nationals of other countries are issued entry permits which are valid only for visiting American Samoa.
Recent history of the program
After the expansion of the European Union in 2004, both the newly admitted countries and EU agencies began intensive lobbying efforts to include those new countries in the VWP. The U.S. Government initially responded to those efforts by developing bilateral strategies with 19 candidate countries known as the Visa Waiver Roadmap process. The U.S. Government began to accept the possibility of departing from the original country designation criteria - which had been contained within immigration law per se - and to expand them by adding political criteria, with the latter being able to override the former. This development began first with Bill S.2844 which explicitly named Poland as the only country to be added to the VWP, and continued as an amendment to the Comprehensive Immigration Reform Act of 2006 (S.2611), whose Sec. 413, Visa Waiver Program Expansion,[36] defined broader criteria that would apply to any EU country that provided "material support" to the multinational forces in Iraq and Afghanistan. However, the definition of that "material support" would be met again only by Poland and Romania, a fact that was not favorably received by the other EU candidate countries. Ironically, Poland remains the only Central European country that is not a participating nation in the VWP as of 2010.
During his visit to Estonia in November 2006, President Bush announced his intention "to work with our Congress and our international partners to modify our visa waiver program". In 2006, the Secure Travel and Counterterrorism Partnership Bill was introduced in the Senate but no action was taken and that bill, as well as a similar one introduced in the House the following year, died after two years of inactivity. The bill would have directed the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are cooperating with the United States on security and counterterrorism matters.[citation needed] The bill would have changed the nonimmigrant visa refusal rate threshold - from 3% - to 10%, thus making (as of 2010) 28 countries[38] qualify for inclusion in the visa-waiver program: Argentina, Bahamas, Bahrain, Bosnia and Herzegovina, Brazil, Chile, Croatia, Cyprus, Hong Kong (HKSAR passport and British National (Overseas) passport), Israel, Kazakhstan, Kuwait, Malaysia, Mauritius, Mozambique, Oman, Papua New Guinea. Paraguay, Poland, Qatar, Saudi Arabia, Seychelles, South Africa, Swaziland, Taiwan, Turkey, United Arab Emirates, and Uruguay. Note that Cyprus, Malta, Timor Leste, and Vatican City, had already (in 2006) refusal rates less than the original 3%, but were not included in the VWP countries (whereas a year later, some additional countries had this original low level: Cyprus and Taiwan). However, for continued participation, DHS re-evaluates participating countries every two years, as required by Congress. Through this process, two countries, Argentina and Uruguay, now are no longer eligible to participate. Current members will have to fulfill any new requirements to continue their eligibility for membership in the program. The European Union is currently planning to negotiate for participation of all of its members in the Visa Waiver Program.
While all participating nations must provide reciprocal visa-free travel for U.S. citizens (usually ninety days for tourism or business purposes), Australia is the only nation that requires U.S. citizens to apply for an Electronic Travel Authority (ETA), which in fact is a visa that is stored electronically in a computer system operated by the Australian Department of Immigration and Citizenship (DIAC). The ETA has replaced visa-free travel to Australia, and the only nation accorded visa-free travel rights to Australia is New Zealand under the auspices of the Trans-Tasman Travel Arrangement (rather than not requiring a visa, NZ citizens are accorded one automatically upon arrival). A passport holder must apply for and purchase an ETA through an authorized travel agency, airline, or via the official DIMA website before departing for Australia. However, as the ETA process is relatively free of formality, the United States recognizes it as the equivalent of visa-free travel. Citizens of the European Union and other European nations must apply for an eVisitor electronic travel authorization for travel to Australia, which is similar to the ETA program, but free. Australian government policy in this respect is similar to U.S. policy, which similarly requires Visa Waiver Program participants to apply for an ESTA.
The only European microstate that is not a member of the program is the Vatican City. Its candidacy in the program is still a mystery, with no knowledge of whether it will or will not seek membership in the program.
Requirements for the visa waiver program
The requirements for the visa waiver program are as follows:
Machine readable and biometric passports
All travelers must have individual passports. It is not acceptable (for the visa waiver scheme) for children to be included on a parent's passport.
Passport requirements (for citizens of VWP pre-2008 members only) depend on the date the passport was issued:
Passports issued before 26 October 2005 must be machine readable.
Passports issued between 26 October 2005 and 25 October 2006 must be machine readable and contain a digitized photograph.
Passports issued on or after 26 October 2006 must be biometric--that is, an 'e-passport,' containing an electronic chip with biographic and biometric information. An e-passport is mandatory for Visa Waiver travel on a passport from one of the most recently added VWP countries, to wit: Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Slovak Republic, and South Korea.
Electronic System for Travel Authorization (ESTA)
All about: ESTA
All incoming passengers who intend to take advantage of the Visa Waiver Program are required to complete the I-94W form online before departure to the United States, but preferably at least 72 hours (3 days) in advance. This new requirement was announced on June 3, 2008 and is intended to bolster U.S. security by pre-screening participating VWP passengers against terrorist and/or no-fly lists and databases. The electronic authorization, which is valid for a two-year period, mirrors Australia's Electronic Travel Authority system. The authorization is mandatory for participating VWP citizens before boarding flights destined to the United States, but as with formal visas this does not guarantee admission into the United States since final admission eligibility is determined at U.S. ports of entry by CBP officers.
According to the U.S. Department of Homeland Security's ESTA fact sheet:
An approved ESTA travel authorization is:
• valid for up to two years or until the traveler’s passport expires, whichever comes first;
• valid for multiple entries into the U.S.; and
• not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry. (For additional information, please visit “Know Before You Go” at www.cbp.gov/travel.) Currently all travelers from VWP countries are required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the United States under the VWP.
Passport validity
The standard requirement for passport validity is 6 months beyond the expected date of departure from the United States. However, the US has signed agreements with a number of countries to waive this requirement.
Return or onward ticket
If entering the United States by air or sea, additional requirements apply. The traveler must:
Be traveling on a participating commercial carrier and;
Be holding a valid return or onward ticket. Where the ticket terminates in Canada, Mexico, Bermuda or an island in the Caribbean, the traveler must be a legal resident of that country or territory.
Other eligibility requirements
Applicants for admission under the visa waiver program:
Must have complied with the conditions of all previous admissions to the United States.;
Must never have been convicted of, or arrested for, an offense or crime involving moral turpitude (there is an exemption in some cases for a single offence committed before age 18 and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa, and also for a single instance if the maximum possible sentence in the U.S. is one year or less in jail, and less than 6 months was served. However these exceptions cannot be applied by the individual as the question on ESTA is specific) or a "controlled substance," or (2 or more) crimes with a maximum aggregate sentence of five years' imprisonment or more, no matter how long ago. National regulations which normally expunge criminal records after a certain length of time (e.g. The Rehabilitation of Offenders Act in the UK) do not apply. The arrest principle means that anyone who anywhere in the world has been subject to a more thorough search for drugs by a customs control, e.g. a full body check, based on some kind of suspicion, will not be allowed a visa-waiver, even if nothing was found.
Must not be otherwise inadmissible to the United States, such as on health or national security grounds;
Must be intending to visit the United States for a purpose of transit, tourism, or a short term business visit. Journalists and their accompanying staff cannot use the visa waiver scheme to file and work on news reports for their news organisations from the United States and must instead apply for an I visa.
Starting 8 Sep 2010 a fee of USD 14 has been introduced (payable by credit/debit cards only, online in advance of travel).
Those who do not meet the requirements for the visa-waiver scheme must obtain a U.S. tourist visa from an American Embassy or Consulate.
Having been arrested or convicted does not in itself make a person ineligible to use the visa waiver scheme. You are only ineligible if you do not meet the requirments of the scheme. However, some U.S. Embassies advise such persons to apply for a tourist visa even though there is no legal obligation for the individual to do so. There is no right of appeal if an immigration officer decides to refuse entry, unless you hold a visa when an appeal can be made to an immigration judge.
Those previously refused entry to the United States are not automatically ineligible for the visa waiver program, but unless the reason for refusal is addressed, it is likely to reoccur. Hence again, many Embassies advise such persons to apply for a tourist visa.
Visa Waiver Program restrictions
A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). However, VWP visitors may seek to adjust status on the basis of either (1) marriage to a US citizen or (2) an application for asylum. If one seeks to enter the U.S. under the VWP and is denied at a port of entry, no path of appealing the denial of entry is allowed.
Travelers can leave to contiguous countries (Canada, Mexico and the Caribbean), but will not be granted another 90 days after reentry in the United States.
There are restrictions on the type of employment-related activities allowed. Meetings and conferences in relation to the alien's profession/line of business/employer in their home country, are generally acceptable, but most forms of "gainful employment" are not. There are however poorly-classifiable exceptions such as persons performing professional services in the US for a non US employer, and persons installing, servicing and repairing commercial or industrial equipment or machinery pursuant to a contract of sale. Performers (such as actors and musicians) who plan on performing live or taping scenes for productions back home, as well as athletes participating in an athletic event are likewise not allowed to use the VWP for their respective engagements and are instead required to have an O or P visa prior to arrival. Foreign media representatives and journalists on assignment are required to have a nonimmigrant media (I) visa.
Citizens of Canada
Canadian citizens do not require a non-immigrant visa when entering the United States, except those Canadians that fall under nonimmigrant visa categories E, K, S, or V, but under different legislation from the Visa Waiver program.This does not preclude them from meeting the requirements of the appropriate status they wish to enter in, for example, while a Canadian does not require a F-1 visa to study in the U.S., they are still required to be in F-1 status, not requiring a visa simply allows a Canadian to obtain the status at their Port of Entry.
Citizens of Canada are exempted from being fingerprinted and do not require a machine readable passport. Canadian citizens may also visit the United States for up to six months without requiring a visa.
Before 23 January 2007, citizens of Canada, (provided they held valid photo identification) were able to enter the United States with only a birth certificate as proof of citizenship and were not required to show a passport. Citizens of other parts of North America, such as Mexico or Bermuda have always been subject to holding a valid Visa stamp or a border crossing card along with their passports. On 23 January 2007, Canadian and U.S. citizens were required to have passports when entering the U.S. by air only.
As of 1 June 2009, Canadian and U.S. citizens are required to present a valid passport, a NEXUS card, a Free and Secure Trade card (FAST) or an enhanced driver's licence/enhanced identification card when entering the United States by land or water. Canadians entering the U.S. by air are still required to present a valid passport or NEXUS card. A NEXUS card can only be used at designated U.S. and Canadian airports with NEXUS card kiosks. Children under 16, or under 19 while traveling with a school group need to only present a birth certificate or other similar proof of citizenship when entering the U.S. from Canada by land or water.
British Overseas Territories Citizens of Bermuda
British Overseas Territories citizens by virtue of their connection to Bermuda can enter the United States visa-free for up to 180 days. To qualify, they must not have had a criminal conviction or ineligibility, violated U.S. immigration laws in the past and must not be arriving the United States from outside the Western Hemisphere. In addition, they must present a Bermudian passport which fulfils the following criteria:
The front cover has printed on it "Government of Bermuda"
The holder's nationality must be stated as either "British Overseas Territory Citizen" or "British Dependant Territories Citizen"
The passport must contain one of the following endorsement stamps: "Holder is registered as a Bermudian", "Holder Possesses Bermudian Status" or "Holder is deemed to possess Bermudian status"
Citizens of the Bahamas
Bahamian citizens do not require a visa to enter the United States if they apply for entry at one of the Preclearance Facilities located in Nassau or Freeport International Airports. Bahamian citizens must not have had a criminal conviction or ineligibility, violated U.S. immigration laws in the past and must be in possession of valid, unexpired passport or a Bahamian Travel Document indicating that they have Bahamian citizenship. In addition to a passport, all applicants 14 years of age or older must present a police certificate issued by the Royal Bahamas Police Force within the past six months.
All Bahamians applying for admission at a port-of-entry other than the Preclearance Facilities located in Nassau or Freeport International Airports are required to be in possession of a valid visa to enter the United States.
British Overseas Territories Citizens of the Cayman Islands
Whilst residents of the Cayman Islands, as British Overseas Territories Citizens, are eligible automatically to register as a full British citizen under Section 4(A) of the British Overseas Territories Act 2002, thereby able additionally to enter the United States under the Visa Waiver Program, they can alternatively enter visa-free using their Cayman Islands passports. To qualify under the latter method, their Cayman Islands passports must confirm their British Overseas Territories citizenship and be endorsed by the Cayman Islands Passport and Corporate Services Office with a Cayman-U.S. visa waiver, issued at a cost of $15–25 and valid for one entry. They must travel directly between the Cayman Islands and the United States and their Cayman Islands passport must also have a validity of at least six months beyond their intended departure date from the United States. If Cayman Islanders elect to enter the U.S. using the Cayman-U.S. visa waiver, they are not required to apply for an ESTA online, since they are not entering under the VWP.
Citizens of the Federated States of Micronesia, Marshall Islands and Palau
Under the Compact of Free Association, citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (except for adopted children) may enter, reside, study, and work indefinitely in the United States without visas. These three sovereign nations hold the distinction of being the only countries in the world whose citizens do not require visas or other required documents (except a valid passport) for permanent residence, employment, educational pursuits, or for general visits in/to the United States. Time spent in the United States does not count towards permanent residency status, and those wishing to emigrate to the United States must obtain an immigrant visa prior to arriving to the country.
British Overseas Territories Citizens of the Turks and Caicos Islands
British Overseas Territories Citizens by virtue of their connection to the Turks and Caicos Islands can enter the United States visa-free for short business and pleasure.To qualify, they must not have had a criminal conviction or ineligibility, not violated U.S. immigration laws in the past and must arrive in the United States on a direct flight from the territory. In addition, they must present a Turks and Caicos Islands passport which states that they are a British Overseas Territory Citizen and have the right to abode in the Turks and Caicos Islands. In addition to a valid, unexpired passport, all travellers 14 years of age or older must present a police certificate issued by the Royal Turks and Caicos Islands Police Force within the past six months.
All British Overseas Territories Citizens of the Turks and Caicos Islands who apply for admission at a port-of-entry that does not have direct air service to/from the territory, are required to be in possession of a valid visa to enter the United States.
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