What is the Visa Waiver Program? How Does it Work?

For most travelers wishing to come to the United States for business, tourism, work, uniting with family members, etc., they must first obtain a visa from the U.S. Department of State. A visa is simply a travel document that is affixed to a page in your passport, which gives you permission to enter and stay in the United States on a temporary or permanent basis. Based on your reason for coming to the U.S. you will likely be required to request either a non-immigrant (temporary) or immigrant (permanent) visa. The major difference between the two depends upon your intent to return to your home country once the period of stay on your visa expires. However, the Visa Waiver Program allows travelers from member countries to travel to the United States for business or tourism, for a period of 90 days or less, without obtaining a visa. The same is true for U.S. citizens wishing to travel to Visa Waiver Program member countries.

Prior to 2008, citizens of Visa Waiver Program countries could book a plane ticket to the U.S. and arrive with nothing more than their passport. In 2007, Congress passed the Implementing Recommendations of the 9/11 Commission Act of 2007, which established the Electronic System for Travel Authorization (ESTA). ESTA was created to provide an advanced screening tool for the Secretary of Homeland Security to identify whether certain travelers may be considered security risks/threats to the safety of the United States. ESTA is now mandatory for all Visa Waiver Program travelers wishing to enter the U.S. and must be completed prior to departure from their home country. The application fee is $14 USD and can be completed online at the link above.

In order to qualify under the Visa Waiver Program you must be a citizen of a member country, have a valid unexpired passport (with e-passport feature) for at least 6 months after your planned departure from the United States and complete an ESTA before traveling to the U.S. It is important to note that you cannot extend your stay in the United States beyond the permitted 90 day initial admission period. You must depart the U.S. on or before the date on your admission stamp or risk being "out of status" and subject to removal from the United States.

For a country to be added to the Visa Waiver Program, it must meet certain requirements set by the U.S. government, including, but not limited to:

Enhanced law enforcement and security-related data sharing with the U.S.;
Issuance of e-passports;
Having a visitor (B) visa refusal rate of less than three percent;
Timely reporting of both blank and issued lost and stolen passports; and
Maintenance of high counterterrorism, law enforcement, border control, and document security standards.

Below is a list of the current Visa Waiver Program designated countries:

Andorra
Australia
Austria
Belgium
Brunei
Chile
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece

Hungary
Iceland
Ireland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand

Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
Taiwan
United Kingdom

If you have any questions about the Visa Waiver Program or any other immigration related issues, do not hesitate to reach out to an experienced immigration attorney.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.