Visas to the U.S.
Visa Waiver Program (VWP)
What is the Visa Waiver Program?
• The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
• The program was established in 1986 with the objective of promoting better relations with U.S. allies, eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas.
Which countries participate in the Visa Waiver Program (VWP)?
• Currently, 27 countries participate in the Visa Waiver Program, including Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
• Ability to travel under VWP is based on nationality, not place of birth.
What about Canadian, Mexican or Bermudan citizens and VWP?
• Canada, Mexico and Bermuda are not participants in the Visa Waiver Program. The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances.
• VWP requirements for machine-readable or biometric passports do not apply to nationals of Canada, Mexico or Bermuda.
Conditions For Using VWP (Instead Of Obtaining Visa)
Which travelers may use the Visa Waiver Program to enter the United States?
Nationals of the 27 countries participating in the Visa Waiver Program may use VWP if:
The purpose of their stay in the United States is 90 days or less for tourism or business;
They present a valid machine-readable passport (of any type - regular, emergency, diplomatic, official, etc.). Depending on when VWP travelers’ passports were issued, other passport requirements apply:
Passports issued before 10/26/05 – no further requirements
Passports issued between 10/26/05 and 10/25/06 – digitized photograph on data page
Passports issued on or after 10/26/06 – integrated chip with information from the data page (e-passport)
Temporary, emergency, official and diplomatic passports are exempted from biometric digital photo and chip requirements, but must be machine-readable.
They have complied with the conditions of previous admissions under the Visa Waiver Program, and have not been found ineligible for a U.S. visa; and
If arriving by air or sea, they are traveling on an approved carrier and have a return trip ticket to any foreign destination (Travelers who have been admitted under the Visa Waiver Program 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. See the Department of Homeland Security’s Customs and Border Protection (CBP) website for additional details); or
If arriving by land, they can demonstrate the intent to stay 90 days or less in the United States and sufficient funds to support themselves while in the United States. VWP nationals resident in Mexico, Canada or adjacent islands are generally exempted from requirements to show onward travel to other foreign destinations.
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 purpose, including a temporary assignment of less than 90 days, the traveler must obtain an A or G visa. 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 on the Visa Waiver Program. 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:
• Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (e.g. from tourist to student, etc.) once in the United States;
• Wants to work or study in the United States, 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 machine-readable passport (MRP) issued or renewed/extended as of October 26, 2005, or is unable to meet other requirements outlined above for passports issued on or after October 26, 2005 or October 26, 2006.
• Intends to travel by private aircraft or other non-signatory air or sea carriers to the United States;
• Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or
• Has a criminal record or other condition making them ineligible for a visa.
Passport Requirements
What about travelers carrying passports without the required biometrics?
• Only passports issued on or after October 26, 2006 are subject to the additional requirement for an integrated circuit chip as outlined above. Similarly, only passports issued on or after October 26, 2005 are subject to the additional requirements for a digital photo or integrated chip. Passports issued prior to these dates that meet prior specifications will continue to be valid for travel until they expire.
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 the International Civil Aviation Organization (ICAO), Doc 9303, Part 1 Machine-Readable Passports. • These standards address issues like 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 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.
On what basis does the United States require machine-readable and biometric passports from VWP travelers?
• The 2000 Visa Waiver Permanent Program Act (P.L. 106-396) required all VWP travelers to have machine-readable passports (MRPs). The 2001 USA PATRIOT Act advanced the machine-readable passport deadline to October 1, 2003. In September 2003, the Secretary of State exercised his authority to waive the MRP requirement for 22 of the 27 countries until October 26, 2004 (Belgian travelers were required to begin using MRPs in May 2003, and Andorra, Brunei, Liechtenstein and Slovenia did not request a waiver). The Department of Homeland Security, Customs and Border Protection, began full enforcement of the MRP requirement June 26, 2005.
• The 2002 Enhanced Border Security and Visa Entry Reform Act (EBSVERA) required that passports issued after October 26, 2004 and used for VWP travel include a biometric identifier based on standards established by ICAO. August 2004 legislation (HR 4417) extended EBSVERA biometric passport deadlines by one year to October 26, 2005. EBSVERA does not provide for authority to waive biometric passport requirements.
What about family passports for VWP travelers?
• Families seeking to enter the United States under the VWP need to obtain an individual machine-readable passport that meets 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 U.S. under the Visa Waiver Program can be obtained from DHS’ Customs & Border Protection Bureau.
• Since September 30, 2004 VWP travelers have been enrolled in the DHS US-VISIT program when they arrive at U.S. ports of entry.
• Travelers should be aware that by requesting admission under the Visa Waiver Program, 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. Likewise, if the traveler is later found to have violated the conditions of admission under the Visa Waiver Program, they do not have the right to contest a removal order.
Is there a fee to use the Visa Waiver Program (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).
For more information: http://www.travel.state.gov/visa/temp/without/without_1990.html#national
Visa Services
Visa Waiver Program
