Visa Waiver Program

Overview:The Visa Waiver Program (“VWP”) allows eligible foreign nationals to enter the United States without a visa.  Participants must be entering the United States for either business or pleasure, and cannot stay over 90 days.  All foreign nationals traveling through the Visa Waiver Program are required to complete the Electronic System for Travel Authorization (“ESTA”) prior to arriving in the United States.

Description and Process:  The VWP was implemented in 1986 to facilitate travel to the United States by pleasure and business travelers. Begun as a pilot program, the VWP became permanent in 2000.

Only foreign nationals from certain countries are eligible to participate in the VWP.  The Secretary of Homeland Security and the Secretary of State must determine that a country’s participation will not compromise the United States’ immigration laws and national interest.  Additionally, participating countries must agree to numerous conditions, including granting U.S. citizens reciprocal travel privileges and issuing security-enhanced passports.  Qualifying passports are often called “e-passports” or “biometric passports” because they contain digital chips with biometric information.

Individuals entering the United States through the VWP may participate in certain business activities and in pleasure activities.  Permissible business activities include, but are not limited to, attending business conferences and negotiating contracts for a foreign company.  Participants in the VWP cannot apply for a change of status to another non-immigrant status while in the United States.

Nationals from participating countries must complete ESTA (explained below) before they travel to the United States, must have a return ticket, must complete an I-94W form when entering the United States, and must waive his or her right to a review or appeal on a decision of admissibility.  Participants must leave the United States within 90 days of entering.

Currently, all participants in the VWP must complete the Electronic System for Travel Authorization (“ESTA”) before arriving at their place of entry into the United States.  The ESTA was launched in August 2008 and is meant to give a preliminary indication of a person’s eligibility for the VWP.  Put differently, it is meant to give the United States a more advanced notice of individuals seeking to enter the United States.  To learn more about ESTA, please visit the government’s ESTA website or read its informational sheet.

Eligibility: The list of countries participating in the VWP is not static and is subject to change.  Currently, nationals from the following countries are eligible for participation in the VWP:

Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea (South Korea), Latvia, Liechstenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

More Information: For the most current information about the Visa Waiver Program, please visit the United States Customs and Border Protection website.  For more information about ESTA, please visit the United States Customs and Border Protection ESTA site.