Visa Waiver Program

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Visa Waiver Program:

The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business [visitor (B) visa purposes] for stays of 90 days or less without obtaining a visa. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are required to apply for authorization though the Electronic System for Travel Authorization (ESTA), are screened at their port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program.

Countries currently enrolled in the VWP

Visa Waiver Program Expansion
The following countries have been added as members of the Visa Waiver Program.

• Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic (As of November 17, 2008);
• Malta (As of December 30, 2008);
• Greece (As of April 5, 2010)

Nationals of the new member countries can travel without a visa for tourist and business travel of 90 days or less provided they meet the following requirements:

• Possess a passport with an integrated chip (e-passport)
• Register online through the Electronic System for Travel Authorization (ESTA).
• Meet the standard VWP conditions (Please see below)

Review the Visa Waiver Program quick reference handout (PDF - 211kb), as well as this webpage to learn more about VWP travel.  For more details about the Visa Waiver Program Expansion, please visit this CPB page.

For citizens of Canada, Mexico, and British Overseas Territories of Bermuda, please visit State Department's Travel website.

To enter the U.S. on the Visa Waiver Program, travelers must be:

• A citizen of one of the countries listed above, and in possession of a VWP-compliant passport.
• Possessing the ESTA authorization
• Travelling for business, pleasure, or transit
• Staying in the U.S. for 90 days or less

AND if entering the U.S. by air or sea must be:

• Holding a return or onward ticket. If travelling on an electronic ticket, a copy of the itinerary must be carried for presentation to the immigration inspector.
  Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal residents of these areas
• Entering the United States aboard an air or sea carrier that has agreed to participate in the program (PDF - 129kb). This includes aircraft of a U.S. corporation that has entered into an agreement with the Department of Homeland Security to carry passengers under the Visa Waiver Program.
  Note: Other private or official aircraft or vessels do not meet this requirement

If entering the U.S. by land from Canada or Mexico:

The VWP permits arrivals from Mexico and Canada at land border ports-of-entry (POEs). The documentary requirements are the same, except there is no requirement for round-trip tickets and signatory carriers, as there are no carriers involved. You must satisfy the inspecting officer that you have funds to support yourself during your stay and to depart the U.S.

Effective January 12, 2009, all nationals or citizens of VWP countries who plan to travel to the U.S. for temporary business or pleasure will require an approved Electronic System for Travel Authorization (ESTA) prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. For more information, please see ESTA page.

Passport Requirements:

All VWP travelers, regardless of age or type of passport used, must present a machine-readable passport. In addition, depending on when VWP travelers’ passports were issued, other passport requirements apply:

• Machine-readable passports issued or renewed/extended on or after 10/26/06 – requires integrated chip with information from the data page (e-Passport).
• Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06 – requires digital photograph printed on the data page.
• Machine-readable passports issued or renewed/extended before 10/26/05 – no further requirements.
• New VWP countries: 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).

Note: Effective July 1, 2009, VWP countries' emergency and temporary passports will be subject to the electronic passport (e-passport) requirement. Bearers of non-electronic emergency or temporary passports issued after October 26, 2006 by VWP countries will be required to apply for U.S. visas or apply for a waiver at the port of entry. (Note: All passports issued by the nine new VWP countries designated in 2010 and 2008 : Greece, Malta, Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic , including those issued before October 26, 2006, must be e-passports to be used for VWP travel.)

Passport Validity: Visitors traveling to the U.S. are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the U.S. Citizens of the countries listed on Six Month Club Update are exempt the six-month rule and need only have a passport valid for their intended period of stay. If you are traveling visa free under the Visa Waiver Program, your passport needs to be valid for at least 90 days. If your passport is not valid for 90 days, you will be admitted into the U.S. until the date on which the passport expires.

If you are a traveler from a VWP country and your passport does not meet these requirements, you may want to consider obtaining a new VWP-compliant passport from the passport issuing authority in your country of citizenship. Otherwise you cannot travel under VWP and you must obtain a visa in your valid passport for entry into the U.S.

Who is not eligible to use VWP:

Some travelers may not be eligible to enter the U.S. visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records (even if subject of a pardon, amnesty, or other act of clemency), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the U.S., or have previously overstayed on the visa waiver program. Such travelers must apply for a visa. If they attempt to travel without a visa, they may be refused entry into the U.S.

Note: Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If the traffic offense occurred while you were in the U.S. and you have an outstanding fine against you or you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience problems when applying for admission into the U.S. Therefore, you should resolve the issue before travelling by contacting the court where you were to appear. If you do not know the address of the court, then information is available from the Internet at: www.refdesk.com.

Refused an ESTA: Travelers who have been refused an ESTA cannot travel under the VWP. Please apply for a visa before departure. For information on applying for a visa, please see application procedure Step 1.

Important reminder: Visa-free travel does not include those who plan to study, work or remain in the U.S. for longer than 90 days or envisions that they may wish to change their status (from tourism to student, etc.) once in the U.S. Such travelers need visas. If an immigration officer believes that a visa-free traveler is going to study, work or stay longer than 90 days, the officer will refuse to admit the traveler.

Transit under the Visa Waiver Program:

Travelers who qualify for visa free travel under the Visa Waiver Program are eligible to transit the U.S. You need to apply for ESTA. If transiting the U.S. to a destination in Canada, Mexico or the adjacent islands, the traveler may re-enter the U.S. on the return journey using any mode of transport, as long as the total visit, including both periods of time spent in transit and in Canada, Mexico or the adjacent islands, does not exceed 90 days. If you transit the U.S. to Canada, Mexico, or the adjacent islands, spend more than 90 days there, you may re-enter the U.S. if you can demonstrate at a port of entry that your stay in the neighboring country was meaningful. If transiting to a destination outside of Canada, Mexico, or the adjacent islands, the return journey must be on a participating carrier, but need not be within 90 days, as the traveler will be required to make a new application for admission. Travelers transiting the U.S. to take up residence in Mexico, Canada, Bermuda or the Caribbean Islands must be legal residents of these areas.

Guam-CNMI Visa Waiver Program

Beginning November 28, 2009, U.S. immigration law applies to the Commonwealth of the Northern Mariana Islands (CNMI) and the Guam-CNMI Visa Waiver Program are in effect.  For details, please see Guam-CNMI Visa Waiver Program page.

Using Official and Diplomatic Passports to Enter the United States

Bearers of official and diplomatic passports can use the Visa Waiver Program, provided they are entering the United States for tourist or transit purposes. If they are travelling to the United States on official business, including a temporary assignment of less than 90 days, the appropriate visa must be placed in the passport.