Embassy of the United States

Overview

What is the Visa Waiver Program?

• The Visa Waiver Program (VWP) enables nationals of certain designated countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa.
• The program's objective is to facilitate low-risk travel to the United States.  Therefore, the program is open only to countries that have very low rates of nonimmigrant visa refusals and immigration violations, issue secure travel documents, and work closely with U.S. law enforcement and counterterrorism authorities.  By building security-related requirements into the program, the VWP stimulates tourism and commerce, and permits the Department of State to focus consular resources in other areas.
• The program was established in 1986.

How many people enter the United States under the VWP?

• In FY 2010, more than 17.3 million travelers were admitted to the United States under the VWP. 

Which countries participate in the VWP?

• Currently, 36 countries participate in the VWP:  Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Estonia, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, the Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
• Ability to travel under the VWP is based on the nationality of the traveler, not the traveler’s place of birth or residence.

What about Canadian, Mexican or Bermudan citizens and VWP?

• Canada, Mexico, and Bermuda are not participants in the VWP.  The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances.  Mexican citizens require visas or Border Crossing Cards.  For further information on travel document requirements for Canada, Mexico, and Bermuda, go to www.travel.state.gov.

What is ESTA?

• ESTA, the Electronic System for Travel Authorization, was mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act).  
• ESTA requires that VWP travelers apply on-line and receive a valid ESTA approval before boarding an air or sea carrier to travel to the United States under the VWP.  ESTA approvals became mandatory for VWP travel on January 12, 2009. 
• A third party may apply for ESTA approval on behalf of the traveler. 
• Travelers who are not able to obtain an ESTA approval must apply for a visa at their nearest U.S. embassy or consulate.  
• For further information on ESTA or to apply for an ESTA approval, see www.cbp.gov/esta. 

Designation as a VWP Country, Country Reviews

Who decides which countries are included in the VWP?

• The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to designate countries to participate in the VWP, provided the countries meet the applicable requirements.

What impact does the “Implementing Recommendations of the 9/11 Commission Act of 2007” (the 9/11 Act) have on countries either in the VWP or aspiring to program membership?

• The legislation (specifically, Title VII-Strengthening Efforts to Prevent Terrorist Travel, Section 711-Modernization of the Visa Waiver Program) added a number of new or enhanced security measures to the VWP. 
• For aspiring members, the 9/11 Act gave the Secretary of Homeland Security authority to consider for the VWP, countries that had visa refusal rates between three and ten percent and that met certain other requirements.  This authority was suspended on July 1, 2009, because a system to collect biometric information from foreign nationals departing the United States by air has not yet been implemented.
• The 9/11 Act also required the Department of Homeland Security (DHS) to deploy ESTA.  VWP travelers may apply for an ESTA travel authorization at www.cbp.gov/esta.
• For current members and aspirant countries, the 9/11 Act mandates agreements with the United States to 1) share lost and stolen passport information with the United States through INTERPOL or other means, and 2) share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.  It also requires cooperation on repatriation matters. 

What are the criteria for a country to be included in the VWP?

• The requirements to join the VWP are set forth in Section 217 of the Immigration and Nationality Act, as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007, and in other statutes (for example, 8 U.S.C. § 1732 sets forth the applicable travel document standards).
• The standard requirements include a nonimmigrant visa refusal rate below three percent, offering reciprocal visa-free travel for U.S. citizens for business or tourist visits of up to 90 days, issuing International Civil Aviation Organization (ICAO) compliant e-passports; sharing lost and stolen passport information with the United States through INTERPOL or other means; sharing information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens; and cooperation on repatriation matters.  These requirements include conclusion of various international agreements and/or arrangements. 
• Regarding visa refusal rates, the 9/11 Act gave the Secretary of Homeland Security the authority to waive the less than three percent nonimmigrant visa refusal rate requirement and consider for VWP membership countries that have visa refusal rates of between three percent and ten percent and that meet additional statutory and other program requirements, including the strengthening of document security standards and airport and aviation security.  This authority was suspended on July 1, 2009, because a biometric air exit program was not implemented by June 30, 2009.  The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, required DHS to conduct pilot tests of the biometric air exit solution, postponing DHS’s ability to notify Congress that the air exit system fully satisfies biometric requirements set forth in the 9/11 Act.  DHS has conducted biometric air exit pilots and is currently evaluating the pilot program results; however, it remains uncertain when DHS will implement a biometric air exit solution that will enable resumption of the authority to waive the less than three percent nonimmigrant visa refusal rate requirement for VWP membership.
• Interested countries may of course work towards meeting the requirements for VWP membership.  Fulfilling these requirements often benefits the participating country as well as the United States.  In fact, many of these requirements, such as reporting lost and stolen passports to INTERPOL in a timely manner, have been identified as consistent with international best practices.
• In addition, the assessment as to whether a particular country may be admitted to the program encompasses careful analysis of a number of factors, including security and policy considerations, that must be addressed on a case-by-case, bilateral basis. 
• For this reason, designation as a VWP country can only occur after a global assessment by the USG of all relevant factors.  Meeting statutory requirements for membership in the VWP, such as a low nonimmigrant visa refusal rate, does not guarantee a successful candidacy for VWP membership.

What is the process for requesting inclusion in the VWP?

• At present, the United States is focusing on bringing the pre-2008 VWP member countries into compliance with the enhanced requirements of the 9/11 Act.
• We do not foresee creating any subsequent “VWP roadmaps” for groups of interested countries; any engagement relating to VWP membership will occur on a country-by-country basis as appropriate, given both statutory and resource limitations.
• Interested countries may contact the relevant U.S. Embassy for additional information.

Why weren’t we invited to join when new countries were admitted in 2008?

• The admission of new countries to the VWP in 2008 and 2010 was the culmination of a process that began in 2005 and 2006, when the Department of State (State) and DHS formulated a list of 13 countries with which the U.S. government planned to engage as it sought to expand the VWP.  State and DHS formulated the “roadmap” list based on a variety of factors.
• The United States continues to work with other valued allies to determine whether VWP admission may be possible in the future.

How long does it take for a country to be admitted to VWP? 

• Because many factors are involved in qualifying for VWP membership, we cannot predict the length of time it would take any country, including those considered part of the 2006 “roadmap” process, to meet all of the requirements in order to be considered for admission to the program.

How are visa refusal rates calculated for VWP purposes?

• An explanation of how visa refusal rates are calculated for VWP purposes can be found at http://www.travel.state.gov/pdf/refusalratelanguage.pdf.

Why is DHS reviewing current VWP countries?

• The 2002 Enhanced Border Security and Visa Entry Reform Act’s amendments to the primary VWP statute (section 217 of the Immigration and Nationality Act, 8 U.S.C. § 1187) mandates periodic evaluation and written reports on continuing qualification of program countries every two years.  These reviews evaluate the effect that countries’ continued participation in the VWP has on U.S. security, immigration, and general law enforcement interests.    
• DHS conducts reviews and makes recommendations for continuing designation of VWP countries that meet the statutory and policy criteria for continuing participation.  These recommendations include input from other government agencies and the U.S. Embassy in the host country, and DHS provides the results of these reviews to Congress.

Conditions for Using VWP (Instead Of Obtaining Visa)

Which travelers may currently use the VWP to enter the United States?

Nationals of the 36 countries participating in the VWP may use the program if:

• They have been approved for travel under ESTA;
• The purpose of their stay in the United States is for tourism or business (visitor [B] visa purposes) and the length of their stay is 90 days or less;
• They present a valid passport (regular, emergency, diplomatic, or official).  Depending on when VWP travelers’ passports were issued, other passport requirements apply:
  • Nationals of the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, and the Slovak Republic require passports with an integrated chip containing the information from the data page (e-Passport).
  • Nationals of other VWP countries:

- Machine-readable passports issued or renewed/extended on or after 10/26/06: passports must have integrated chips with information from the data page (e-Passport).

- Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06: passports must have digital photographs printed on the data page or integrated chips with information from the data page (e-Passport).

- Machine-readable passports issued or renewed/extended before 10/26/05: no further requirements.

• Emergency and temporary passports are valid for VWP travel only if they are machine-readable and meet the e-Passport requirements described above.  Holders of emergency or temporary passports that do not meet these requirements should either acquire a VWP-compliant passport as described above or apply for a visa.
• They have complied with the conditions of previous admissions under the VWP, and have not been found ineligible for a U.S. visa; and
• If arriving by air or sea, they are traveling on signatory VWP carriers and have round-trip transportation tickets to any foreign destination.  Travelers who have been admitted under the VWP and who make a short trip to Canada, Mexico, or an adjacent island generally can be readmitted to the United States under the VWP for the original admission period.  Travel to Canada, Mexico, or the adjacent islands does not restart the 90-day clock.  See DHS' Customs and Border Protection (CBP) website for additional details.
• If arriving by land, they can demonstrate financial solvency and the intent to return to their domicile abroad. . 
• Bearers of official and diplomatic passports can enter the United States under the VWP provided they are entering for a B-visa purpose.  If they are coming for an A or G visa purpose (diplomatic or official), including a temporary assignment of less than 90 days, travelers must obtain A or G visas.  Representatives of the foreign press, radio, film, journalists, or other information media engaging in that vocation while in the United States may not enter the United States under the VWP.  These professionals must obtain a nonimmigrant media (I) visa.

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Travelers who do not meet the conditions noted above must apply for a visa.  In particular, a visa must be requested if the traveler:

• Has been denied approval to travel under ESTA;
• Wants to remain in the United States for longer than 90 days, or envisions that he or she may wish to change status (e.g., from tourist to student) once in the United States, as travelers entering under the VWP are generally barred from adjusting to non-VWP status once in the United States;
• Wants to work or study in the United States, wants to travel as a working foreign media representative, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;
• Does not have a VWP-compliant passport as described above;
• Intends to travel to the United States by an air or sea carrier not on the list of signatory carriers (this includes private planes);
• Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions; or
• Has a criminal record or other condition making him or her inadmissible to the United States.

Passport Requirements

What are the passport requirements for VWP travelers?

• Nationals of the Czech Republic, Estonia, Greece Hungary, Latvia, Lithuania, Malta, the Republic of Korea, and the Slovak Republic require passports with an integrated chip containing the information from the data page (e-Passport).
  • Nationals of other VWP countries: Machine-readable passports issued or renewed/extended on or after 10/26/06: passports must have integrated chips with information from the data page (e-Passport).
  • Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06: passports must have digital photographs printed on the data page or integrated chips with information from the data page (e-Passport).
  • Machine-readable passports issued or renewed/extended before 10/26/05: no further requirements.
  • Emergency and temporary passports are valid for VWP travel only if they are machine-readable and meet the e-Passport requirements described above.  Holders of emergency or temporary passports that do not meet these requirements should either acquire a VWP-compliant passport described above or apply for a visa.

Has the United States created a different standard for VWP passports than that developed by the International Civil Aviation Organization (ICAO)?

• No.  These passport standards do not vary from ICAO standards.
• The United States supports ICAO’s vision that biometrics in travel documents provide added security to the authentication of passport data and can enhance the processing and verification of identity of persons at borders.

Does the U.S. passport also contain a biometric?

• Yes.  U.S. passports issued in the United States contain digitized photos, and all U.S. passports currently being issued are e-Passports.  These e-Passports incorporate a contactless chip to store a digital photograph and biographic data, in compliance with ICAO specifications.  The first tourist U.S. e-Passports were issued on August 14, 2006.

What is a machine-readable passport?  What is an e-Passport (or biometric passport)?

• A machine-readable passport has certain biographical data entered on the data page in accordance with standards set by ICAO, Doc 9303, Part 1 Machine-Readable Passports.
• These standards address issues including the size of the passport and photograph, arrangement of data fields, and the two lines of printed machine-readable data that appear at the bottom of the page.  Machine-readable passports can be read by scanning the two lines of printed data through special readers.
• Travelers should contact their country’s passport issuing agency or authority if they have any doubts related to whether their passport is machine-readable.
• An e-Passport (sometimes referred to as a biometric passport) incorporates a computer chip that contains data related to an individual’s identity; current ICAO guidelines call for e-Passports to include facial recognition data.  The contours of individuals’ faces are digitally mapped and stored on the chip so that a comparison of facial data for the bearer of the passport and the facial data of the person to whom the passport was issued can be made.

 What about family passports for VWP travelers?

• Families seeking to enter the United States under the VWP need to obtain individual, machine-readable passports that meet program requirements for each traveler, including infants.

VWP at Ports of Entry

What happens to VWP travelers at ports of entry?

• Detailed information about admissions and entry to the United States under the VWP can be obtained from DHS/CBP.
• Since September 30, 2004, VWP travelers have been enrolled in the DHS United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program when they arrive at U.S. ports of entry.
• Travelers should be aware that by requesting admission under the VWP, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application for admission at the port of entry and, if travelers are later found to have violated the conditions of admission under the VWP, they have waived the right to contest a removal order with the exception of the opportunity to apply for asylum.  Travelers waive these rights when completing the ESTA application online in advance of travel and reaffirm this waiver upon admission and submission of biometrics during DHS’s US-VISIT processing at U.S. ports of entry.

Is there a fee to use the VWP?

• There is a $6.00 land border fee for VWP travelers arriving at land ports of entry, per 8 CFR § 103.7(b)(1).
• ESTA charges $14.00 per application.

VWP Safeguards

Does the VWP permit terrorists or criminals to enter the United States more easily?

• The VWP does not “waive” any requirements for entry into the United States other than the documentary requirement to have a visa.  All applicants for admission to the United States under the VWP, including those who are granted an ESTA approval, must still satisfy a CBP officer at the time of inspection at a port of entry that they meet all other requirements for admission to the United States, including those relating to admissibility. 
• The VWP was designed for countries with extremely low rates of visa refusals and immigration violations and extremely high levels of security and law enforcement cooperation with the United States.  The United States works closely with these countries to combat illegal immigration and terrorist and criminal threats, and to ensure prompt reporting on incidences of lost and stolen passports and development of more effective means of sharing information.  The security enhancements of the 9/11 Act codified these efforts by requiring the entering into of agreements regarding reporting of lost and stolen passports and information exchange.  Similarly, the 9/11 Act requires cooperation from VWP participating countries regarding repatriation.
• Potential vulnerabilities from misuse of the VWP are offset by several factors, including the initial determination (and ongoing monitoring) that a VWP country’s participation in the program does not compromise U.S. security and law enforcement interests, including enforcement of immigration laws.
• To participate in the VWP, countries must meet high standards for the security of the passports they issue.  See the section on passport requirements above.
• In addition, VWP participating carriers are required to provide basic biographic information on all VWP travelers to DHS/CBP prior to the travelers’ arrival in the United States.  As with other passengers, carriers verify that VWP travelers are not on no-fly lists.
• Upon arrival at the port of entry, VWP travelers are screened and checked against various law enforcement databases and watchlists.  Since September 30, 2004, all VWP travelers have been enrolled in the US-VISIT program.
• As of January 12, 2009, all VWP travelers are required to have a valid ESTA approval before they board a plane or ship for the United States.  ESTA applicants are screened against various databases and watchlists prior to the grant of a travel authorization.

For further information on the Visa Waiver Program, please see www.travel.state.gov and http://www.cbp.gov/.