Visa Waiver Program
The Visa Waiver Program is a program of the U.S. federal government that allows citizens of specific countries to travel to the United States for tourism, business, or while in transit for up to 90 days without having to obtain a visa. The program applies to the 50 states and District of Columbia, as well as Puerto Rico and the U.S. Virgin Islands, with limited application to other U.S. territories.
All of the countries selected by the U.S. government to be in the program are high-income economies with a very high Human Development Index that are generally regarded as developed countries.
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 U.S. Secretary of Homeland Security, in consultation with the Secretary of State, as a "program country". Permanent residents of designated countries who are not citizens of a designated country do not qualify for a visa waiver. The criteria for designation as program countries are specified in Section 217 of the Immigration and Nationality Act. The criteria stress passport security and a very low nonimmigrant visa refusal rate, not more than 3% as specified in Section 217 of the Immigration and Nationality Act and ongoing compliance with the immigration law of the United States.Citizens of 39 countries and territories are eligible for visa-free entry into the United States under the VWP:
;Notes:
- – Citizens with Taiwanese national ID number only.
- – Only British citizens are eligible to participate in the VWP.
- For all countries, citizens with certain countries in their travel history are ineligible
| Date of addition to Visa Waiver Program |
Uruguay was added to the program on August 9, 1999 and removed from the list from April 15, 2003. |
Visitors may stay for 90 days in the United States which also includes the time spent in Canada, Mexico, Bermuda, or the islands in the Caribbean if the arrival was through the United States. The ESTA is required if arriving by air or cruise ship. Visa Waiver applies without ESTA for land border crossings, but the VWP does not apply at all if a passenger is arriving via air or sea on an unapproved carrier.
Since 2016, the visa waiver does not apply in cases where a person had previously traveled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 or for those who are dual citizens of Iran, Iraq, Sudan, or Syria. Certain categories such as diplomats, military, journalists, humanitarian workers, or legitimate businessmen may have their visa requirement waived by the Secretary of Homeland Security.
Nominated and roadmap countries
Countries nominated for status in the Visa Waiver Program are in between "road map" status and eligibility to participate. Nomination initiates a detailed evaluation by the United States Department of Homeland Security of the nominated country's homeland security and immigration practices. There is no established timeline for how long a country may remain on the nominated list before either being approved or rejected from the program.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. Of the original 19 countries, 11 have been admitted to the VWP. The remaining eight countries are:
:wikt:eligibility|Eligibility for the visa waiver may be withdrawn at any time. This may happen if the United States believes 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 does not directly determine its eligibility, it is widely believed that citizens of politically stable and economically developed nations would not 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.
Israel has not been included in the VWP reportedly in part because of its strict scrutiny of Palestinian Americans traveling to Israel, thus not fulfilling the mutuality requirement.
The European Union has pressured the United States to extend the Visa Waiver Program to its four remaining member countries that are not currently in it: Bulgaria, Croatia, Cyprus and Romania. All of these are "road map countries" except Croatia, which only recently joined the EU in 2013. In November 2014, the Bulgarian Government announced it will not ratify the Transatlantic Trade and Investment Partnership unless the United States lifted visas for its citizens.
Admission rate
Number of admissions into the United States per VWP country under the program :| Country | FY 2014 | FY 2015 |
| Andorra | 1,383 | 1,117 |
| Australia | 1,361,886 | 1,371,960 |
| Austria | 226,493 | 214,185 |
| Belgium | 309,125 | 301,206 |
| Brunei | 1,251 | 1,130 |
| Chile | 50,241 | 163,928 |
| Czech Republic | 88,700 | 93,076 |
| Denmark | 323,271 | 335,515 |
| Estonia | 19,110 | 19,040 |
| Finland | 159,338 | 156,160 |
| France | 1,940,779 | 1,890,609 |
| Germany | 2,242,202 | 2,165,844 |
| Greece | 55,446 | 56,848 |
| Hong Kong | 3,065 | 2,824 |
| Hungary | 70,386 | 73,132 |
| Iceland | 51,044 | 50,305 |
| Ireland | 466,584 | 472,906 |
| Italy | 1,255,976 | 1,204,574 |
| Japan | 3,917,113 | 3,733,997 |
| Latvia | 17,195 | 17,799 |
| Liechtenstein | 2,125 | 2,088 |
| Lithuania | 23,813 | 25,622 |
| Luxembourg | 15,039 | 14,408 |
| Malaysia* | 264 | 211 |
| Malta | 5,589 | 5,341 |
| Monaco | 1,019 | 1,076 |
| Nauru* | 18 | 11 |
| Netherlands | 755,094 | 737,861 |
| New Zealand | 290,241 | 307,124 |
| Norway | 313,382 | 305,752 |
| Papua New Guinea* | 208 | 182 |
| Portugal | 177,873 | 172,895 |
| San Marino | 723 | 834 |
| Singapore | 144,351 | 137,229 |
| Slovakia | 40,914 | 42,337 |
| Slovenia | 22,940 | 24,119 |
| South Korea | 1,366,599 | 1,561,508 |
| Spain | 935,775 | 934,205 |
| Sweden | 568,765 | 578,672 |
| Switzerland | 456,711 | 445,366 |
| Taiwan | 300,310 | 335,729 |
| United Kingdom | 4,323,416 | 4,461,216 |
| Total | 22,305,757 | 22,419,941 |
- Only for Guam and the Northern Mariana Islands.
Adjusted Visa Refusal Rate
Overstay rate
A number of visitors from the Visa Waiver Program countries overstayed the 90-day maximum. The Department of Homeland Security publishes a report that lists the number of violations made by passengers who arrived via air and sea, on Visa Waiver Program, excluding visa holders, for example nonimmigrant students and exchange visitors. The table below excludes statistics on persons who left the United States later than their allowed stay or legalized their status and shows only suspected overstays who remained in the country.| Country | Number of suspected in-country overstays | In-country overstay rate | Number of suspected in-country overstays | In-country overstay rate | Number of suspected in-country overstays | In-country overstay rate |
| Andorra | 3 | 0.13% | 5 | 0.36% | 9 | 0.69% |
| Australia | 3,155 | 0.22% | 4,581 | 0.33% | 6,583 | 0.48% |
| Austria | 647 | 0.31% | 820 | 0.38% | 2,784 | 1.32% |
| Belgium | 785 | 0.26% | 1,434 | 0.50% | 1,369 | 0.48% |
| Brunei | 9 | 0.78% | 12 | 1.11% | 10 | 0.89% |
| Chile | 5,364 | 1.33% | 4,494 | 1.13% | 5,416 | 1.49% |
| Czech Republic | 612 | 0.49% | 723 | 0.64% | 924 | 0.90% |
| Denmark | 656 | 0.19% | 1,233 | 0.36% | 1,505 | 0.48% |
| Estonia | 91 | 0.37% | 135 | 0.53% | 160 | 0.69% |
| Finland | 293 | 0.19% | 642 | 0.40% | 604 | 0.39% |
| France | 10,427 | 0.55% | 14,406 | 0.80% | 10,358 | 0.59% |
| Germany | 5,766 | 0.27% | 9,952 | 0.46% | 18,780 | 0.91% |
| Greece | 825 | 0.91% | 1,032 | 1.25% | 1,280 | 1.65% |
| Hungary | 978 | 0.99% | 1,391 | 1.55% | 1,841 | 2.23% |
| Iceland | 123 | 0.18% | 172 | 0.27% | 154 | 0.28% |
| Ireland | 1,487 | 0.27% | 2,275 | 0.44% | 2,177 | 0.45% |
| Italy | 6,009 | 0.46% | 9,043 | 0.72% | 14,896 | 1.23% |
| Japan | 4,505 | 0.14% | 6,376 | 0.20% | 4,401 | 0.15% |
| South Korea | 3,524 | 0.22% | 4,326 | 0.30% | 4,507 | 0.36% |
| Latvia | 162 | 0.71% | 212 | 0.94% | 249 | 1.22% |
| Liechtenstein | 2 | 0.11% | 12 | 0.60% | 15 | 0.72% |
| Lithuania | 384 | 1.00% | 396 | 1.11% | 484 | 1.57% |
| Luxembourg | 39 | 0.29% | 62 | 0.45% | 100 | 0.70% |
| Malta | 22 | 0.31% | 36 | 0.55% | 54 | 0.89% |
| Monaco | 3 | 0.30% | 2 | 0.19% | 4 | 0.36% |
| Netherlands | 2,821 | 0.35% | 3,565 | 0.47% | 4,081 | 0.57% |
| New Zealand | 843 | 0.24% | 1,353 | 0.39% | 1,526 | 0.49% |
| Norway | 520 | 0.18% | 773 | 0.27% | 992 | 0.35% |
| Portugal | 3,140 | 1.58% | 3,242 | 1.81% | 3,365 | 2.04% |
| San Marino | 3 | 0.41% | 2 | 0.28% | 12 | 1.72% |
| Singapore | 205 | 0.15% | 301 | 0.23% | 471 | 0.37% |
| Slovakia | 406 | 0.75% | 429 | 0.85% | 703 | 1.51% |
| Slovenia | 86 | 0.31% | 118 | 0.46% | 223 | 0.92% |
| Spain | 10,208 | 0.97% | 11,850 | 1.19% | 11,716 | 1.25% |
| Sweden | 1,168 | 0.22% | 2,234 | 0.39% | 2,601 | 0.46% |
| Switzerland | 1,032 | 0.25% | 1,476 | 0.34% | 2,257 | 0.52% |
| Taiwan | 1,214 | 0.28% | 1,775 | 0.44% | 1,522 | 0.39% |
| United Kingdom | 12,233 | 0.26% | 23,231 | 0.49% | 20,670 | 0.44% |
| TOTAL | 79,750 | 0.35% | 114,121 | 0.51% | 128,806 | 0.60% |
Recent events 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, whose Sec. 413, Visa Waiver Program Expansion, 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 remained the only Central European country that was not a participating nation in the VWP until 2019, due to a visa refusal rate above the critical threshold of 3%.A June 2007 Hudson Institute Panel stressed the urgency of the inclusion of Central Europe in the VWP: "An inexplicable policy that is causing inestimable damage to the United States with its new Central and Eastern European NATO allies is the region's exclusion from the visa waiver program. As Helle Dale wrote in the spring issue of European Affairs: "Meanwhile the problem is fueling anti-U.S. antagonisms and a perception of capricious discrimination by U.S. bureaucrats ---and damping the visits to the U.S. of people from countries with whom Washington would like to improve commercial and intellectual ties. Meanwhile horror stories abound from friends and diplomats from Central and Eastern Europe about the problems besetting foreigners seeking to visit the United States. In fact bringing up the subject of visas with any resident of those countries is like waving a red flag before a bull." Visa waiver must be satisfactorily addressed and resolved at long last."
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. The bill would have changed the nonimmigrant visa refusal rate threshold – from 3% – to 10%, thus making 28 countries qualify for inclusion in the visa-waiver program: Argentina, Bahamas, Bahrain, Bosnia and Herzegovina, Brazil, Croatia, Cyprus, Hong Kong, 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 refusal rates less than the original 3%, but were not included in the VWP countries. 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.
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 relict 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 December 30, 2008.
In January 2009 the first Assistant Secretary 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.
Greece officially joined the program on April 5, 2010.
On October 2, 2012, Secretary Napolitano announced the inclusion of Taiwan into the program effectively as of November 1, 2012. Only Taiwanese nationals with a valid passport and National Identification Number can apply for ESTA online to benefit from the country's newly acquired visa-free status.
In 2013 there was conflict over the United States-Israel Strategic Partnership Act of 2013 whose Senate version specifies that satisfaction of the requirements regarding reciprocal travel privileges for U.S. citizens would be subject to security concerns. Many members of the House of Representatives oppose the security language because it seems to validate Israel's tendency to turn away Arab Americans without giving any reason. None of the other 37 countries in the visa waiver program has such an exemption.
The only European microstate that is not a member of the program is the Vatican City.
Hong Kong is the only developed country with a higher Human Development Index than the U.S. which the citizens cannot enjoy the program. The visa refusal rate for the Hong Kong Special Administrative Region has dropped to 1.7% for HKSAR passport and 2.6% for British National passport as of 2012. Hong Kong met all VWP criteria but did not qualify at the time because it is not legally a separate country, despite having its own passports and independent judicial system, monetary system and immigration control. The former Chief Executive of Hong Kong, Donald Tsang, raised the issue with then-Secretary of State Hillary Clinton during his visit to the U.S. in 2011 and was met with positive response. On May 16, 2013, a bipartisan amendment bill was passed by the Senate Judiciary Committee but not ratified into law. On August 10, 2015, the U.S. Consul General to Hong Kong and Macau, Clifford Hart, said during an interview with South China Morning Post that the visa waiver is "not happening anytime soon", as the Visa Waiver law requires the participant to be a "sovereign state" and Hong Kong is not independent, thus ending the possibility of Hong Kong joining the program. He also denied that the failed lobbying effort of HKSAR government on this issue was a result of the refusal of detaining Edward Snowden in 2013.
On May 11, 2018, the U.S. threatened to remove Hungary from the Visa Waiver Program after multiple cases of passport fraud. An official report discovered a fraud scheme which allowed non-Hungarians to enter the U.S. under false identities.
As of December 2018, ESTA is no longer approved in real-time to qualifying passengers and passengers are required to apply no later than 72 hours before departure.
In July 2019 U.S. Ambassador to Poland, Georgette Mosbacher stated that "Poland would fully qualify for the Visa Waiver Program within 3 to 6 months after September 2019" depending on bureaucratic procedures. On October 4, 2019 U.S. president, Donald Trump confirmed that the Department of State had formally nominated Poland for entry into the Visa Waiver Program. On November 11, 2019 Poland officially joined the Program and became its 39th member.
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 December 16, 1988. In October 1989, France, Italy, the Netherlands, Sweden, Switzerland, and West Germany were added to the VWP.In 1991, more European countries joined the Program – Andorra, Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg, Monaco, Norway, San Marino and Spain – as well as New Zealand. In 1993, Brunei became the second Asian country to be admitted to the Program.
On April 1, 1995, Ireland was added to the VWP. In 1996, Australia and Argentina joined, although Argentina was later removed in 2002. On September 30, 1997, Slovenia was added. On August 9, 1999, Portugal, Singapore and Uruguay joined the program, although Uruguay was subsequently removed in 2003.
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 October 1, 2003. However, as a number of VWP still issued non-machine readable passports, the implementation of the new rule was postponed to October 26, 2004, with the exception of Belgian citizens, as there were concerns about the security and integrity of Belgian passports.
The U.S. government originally planned to require all visitors to the U.S. under the Visa Waiver Program to hold a biometric passport starting from October 26, 2004 if their passport was issued on or after that date. However, after the requirement to have a machine-readable passport was postponed to October 26, 2004, the biometric passport requirement subsequently had its implementation date moved to October 26, 2005, only to be further postponed by another year to October 26, 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.
Starting on October 26, 2006, travellers entering the U.S. under the Visa Waiver Program are 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 had not yet started issuing biometric passports.
In November 2006, the U.S. government announced that plans for an "Electronic Travel Authorization" program 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 is modeled on the Electronic Travel Authority scheme that has been used in Australia for many years.
While all participating nations must provide reciprocal visa-free travel for U.S. citizens, Australia is the only nation that requires U.S. citizens to apply for an Electronic Travel Authority, which in fact is a visa that is stored electronically in a computer system operated by the Australian Department of Immigration and Citizenship. 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. A passport holder must apply for and purchase an ETA through an authorized travel agency, airline, or via the official DIAC 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.
Visa waiver programs of Guam and the Northern Mariana Islands
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 Solomon 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 instead of visas. Citizens of all countries in the federal visa waiver program were exempt from the Visitor Entry Permit requirement, as were citizens of Taiwan and holders of Hong Kong Special Administrative Region passports and British National passports. Under the islands' previous immigration policy, citizens of the following countries or jurisdictions were prohibited from entering the Northern Mariana Islands: 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.
Although the visa policy of the U.S. also applies to the U.S. territories of Guam and the Northern Mariana Islands in general, both territories have additional visa waiver programs for certain nationalities. The Guam–CNMI Visa Waiver Program, first enacted in October 1988 and periodically amended, permits nationals from 12 countries in Asia, Europe and Oceania to enter Guam and the Northern Mariana Islands as tourists for up to 45 days without the need of obtaining a U.S. visa or an ESTA. A parole policy also allows nationals of China visa-free access to the Northern Mariana Islands for up to 14 days.
1 - Up to 14 days, for the Northern Mariana Islands only, under a separate parole policy.
2 - Must present a valid Hong Kong Permanent Identity Card on arrival.
3 - For holders of Taiwanese passports with a National ID number. Must present a valid Taiwanese national identity card on arrival. Must travel on a nonstop flight from Taiwan.
4 - For holders of British Citizen and British National passports only. British Nationals must present a valid Hong Kong permanent identity card on arrival in order to be eligible for the waiver.
American Samoa
Requirements for the visa waiver program
The requirements for the visa waiver program are as follows:Biometric passports
All travelers must have individual passports. It is not acceptable for children to be included on a parent's passport.All visitors from VWP countries must hold a biometric passport.
Electronic System for Travel Authorization (ESTA)
All incoming passengers who intend to take advantage of the Visa Waiver Program when traveling to the U.S. via air or sea are required to apply for a travel authorization through the Electronic System for Travel Authorization online before departure to the United States, preferably at least 72 hours 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:
Passport validity
The standard requirement for passport validity is six months beyond the expected date of departure from the United States. However, the U.S. 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, dated within the 90 days period.
Other eligibility requirements
- Must have complied with the conditions of all previous admissions to the United States and have not been found ineligible for a U.S. visa.
- Must never have been convicted of, or arrested for, an offense or crime involving moral turpitude or a "controlled substance," or 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 do not apply.
- 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 Program to file and work on news reports for their news organizations from the United States and must instead apply for an I visa.
- Starting from September 8, 2010, a fee of US$14 is collected. This is payable by credit/debit cards online only, in advance of travel.
Having been arrested or convicted does not in itself make a person ineligible to use the Visa Waiver Program. You are only ineligible if you do not meet the requirements of the program. 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 a CBP 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.. However, VWP visitors may seek to adjust status on the basis of either marriage to a U.S. citizen or an application for asylum. U.S. Customs and Border Protection officers determine admissibility upon traveler's arrival. If one seeks to enter the U.S. under the VWP and is denied entry by a CBP officer at a port of entry, no path of appealing or review of the denial of entry is allowed. VWP including ESTA does not guarantee entry to the United States. CBP officers make the final determination of entry to the United States.Travelers can leave to contiguous countries, but will not be granted another 90 days after reentry in the United States; instead they are readmitted to the United States for the remaining days granted on their initial entry.
Transit through the United States is generally permitted, if the total time in the U.S., Canada, Mexico, and adjacent islands is less that 90 days. However, if for example the traveler is transiting the U.S. on the way to a 6-month stay in Canada, he cannot use the VWP, as his total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case he should apply for a B-1/B-2 visa, or a transit visa.
In particular, a visa must be requested if the traveler has been refused a visa or admission to the U.S. before or has been deported.
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 U.S. for a non U.S. employer, and persons installing, servicing and repairing commercial or industrial equipment or machinery
pursuant to a contract of sale. Performers 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 visa.
Applicant should display social and economic ties which bind them to their country of origin or may be refused entry.
Citizens of foreign contiguous territories and adjacent islands
Separate from the Visa Waiver Program, permits the Attorney General and the Secretary of State to waive visa requirements for admission to the United States in nonimmigrant status for nationals of foreign contiguous territories or adjacent islands or for residents of those territories or islands who have a common nationality with those nationals. The regulations relating to such admissions can be found at.Restrictions on the use of the Visa Waiver Program do not affect this class of travellers unless separately provided for by statute or regulation. For example, a Canadian citizen who has briefly overstayed a previous visit to the U.S. will still not require a visa for future visits, while a VWP national who overstays will become ineligible for the VWP for life and will need a visa for future visits.
Until 2003, this visa waiver was granted not only to citizens of those countries and territories, but also to permanent residents of Bermuda and Canada who were citizens of Commonwealth of Nations countries or Ireland. In 2003, the Immigration and Naturalization Service announced that it would be terminating the visa waiver for non-citizen permanent residents of Bermuda and Canada; thenceforth, those Canadian & Bermudian permanent residents who were citizens of a Visa Waiver Program country could enjoy visa-free entry to the United States under that program, while citizens of other countries would be required to possess a valid advance visa for entry to the United States.
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.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. However, they must still establish that they meet the requirements of the appropriate status they wish to enter in. For example, while a Canadian intending to study in the U.S. does not need to present Form I-20 at a U.S. embassy or consulate in order to receive an F-1 visa like other foreigners, they must still be issued a Form I-20 and present it at the Port of Entry to establish their eligibility for F-1 status.Citizens of Canada who enter as visitors are exempted from being fingerprinted or photographed under US-VISIT and do not require a machine readable passport. U.S. Customs and Border Protection decides whether to allow entry based on non-immigrant intent. The maximum permitted length of stay is one year but can be extended, although CBP usually considers six months to be the maximum permitted per calendar year, except under unusual circumstances.
Before January 23, 2007, citizens of Canada, 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 January 23, 2007, Canadian and U.S. citizens were required to have passports when entering the U.S. by air only.
As of June 1, 2009, Canadian and U.S. citizens are required to present either a valid passport, a NEXUS card, a Free and Secure Trade card 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.
Certain British Overseas Territories citizens
Bermuda
s by virtue of their connection to Bermuda can enter the United States visa-free provided they are bona-fide visitors – no I-94 is required. 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. They can also enter visa-free in order to study in the United States. In addition, they must present a Bermudian passport which fulfils the following criteria:- The front cover has "Government of Bermuda" printed on it
- 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"
British Virgin Islands