Visa Waiver Program

Visa Waiver Program

Overview

The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa. Not all countries participate in the VWP. Some restrictions apply, for more details please see below, "What Do I Need to Enter the United States under the VWP?"

NOTE: Representatives of the foreign press, radio, film, journalists or other information media, engaging in that vocation while in the U.S., may not enter the U.S. on the Visa Waiver Program. These professional must obtain a nonimmigrant Media (I) visa.

Who Are the Visa Waiver Program (VWP) Countries?

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries

Andorra	Iceland	Norway
Australia	Ireland	Portugal
Austria	Italy	San Marino
Belgium	Japan	Singapore
Brunei	Liechtenstein	Slovenia
Denmark	Luxembourg	Spain
Finland	Monaco	Sweden
France	the Netherlands	Switzerland
Germany	New Zealand	United Kingdom

What do I Need to Know about VWP & the Required Machine Readable Passport?

The Patriot Act legislated that all Visa Waiver Program travelers must have a machine-readable passport. As of October 26, 2004, if a visa waiver traveler does not have a machine-readable passport (MRP), then the traveler must present a U.S. visa at the port of entry to enter the U.S. This includes all categories of passports -- regular, diplomatic, and official, when the traveler is seeking to enter the U.S. for business or tourist purposes, for a maximum of 90 days.

What Is a Machine-Readable Passport?

A machine-readable passport has biographical data entered on the data page according to international specifications. The size of the passport and photograph, and arrangement of data fields, especially the two lines of printed OCR-B machine readable data, meet the standards of the International Civil Aviation Organization, Doc 9303, Part 1 Machine Readable Passports. OCR-B means the type is Optical Character Reader, style B. If there are questions about your passport after carefully reviewing this information, and any information, which may be available to you from your country, contact the passport issuing agency or authority in your country of citizenship. Below is a data page example of a Machine-Readable Passport.

Does the Biometric Passport Extension Request Change the 10/26/04 MRP Requirement?

No, not at all. In improving the national security of our nation, there are two different passport requirements for foreign citizens traveling without a visa, on the Visa Waiver Program. The biometric passport extension, requested by the Department of Homeland Security and Department of State, related to the biometric identifier requirement for the passport. The other passport change required machine-readable passports for all VWP travelers starting October 26, 2004. By having a machine-readable passport, the U.S. immigration inspector's job will be facilitated by the ability to quickly slide your readable passport through the reader, thereby immediately displaying important information.

As stated earlier, starting October 26, 2004 all Visa Waiver Program travelers must present a machine-readable passport to travel without a visa, on the Visa Waiver Program. After reviewing the information above, travelers are requested to review their passports and if needed, should apply for a new passport in their country of citizenship.

What Should I Know About Machine-Readable Passports and Families?

Families seeking to enter the U.S. under the VWP using a machine-readable passport will need to obtain an individual passport for each traveler, including infants. Machine-readable passports typically have biodata for only one traveler in the machine-readable zone. Based on this, families may be denied visa-free entry into the U.S. since the biodata for only one traveler is available on the machine-readable passport.

What Do I Need to Enter the United States under the VWP?

To enter the U.S. under the VWP, travelers must:

Be a citizen of a Visa Waiver Program country;
have a valid passport issued by the participating country that is valid for six months beyond your intended visit;
have a machine-readable passport (MRP);
be seeking entry for 90 days or less, as a temporary visitor for business or pleasure . You will not be permitted to extend your visit or change to another visa category under the VWP;
if entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier;
hold a completed and signed Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W, on which you have waived the right of review or appeal of an immigration officer's determination about admissibility, or deportation. These forms are available from participating carriers, travel agents, and at land-border ports-of-entry;
have no visa ineligibilities. This means if you have been refused a visa before, have a criminal record or are ineligible for a visa you cannot travel on the Visa Waiver Program. You must apply for a visa to the U.S.

Entry at a land-border crossing point from Canada or Mexico is permitted under the Visa Waiver Program.

Is there a Fee?

There is a small filing fee for the Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W from airlines.

When Does a Citizen of a VWP Country Need to Apply for a Visa?

You must apply for a visa under the following circumstances, if you:

Want to work or study in the United States;
have been refused a visa or admission to the U.S. before;
have a criminal record; or
are ineligible for a visa.

Do Canadian Citizens Need a Visa or MRP?

Citizens of Canada generally do not require a visa. While some people mistakenly believe Canada is part of the visa waiver program, the authorization for Canadian citizens to travel visa-free comes from other immigration laws. Additionally, the machine-readable passport requirement does not apply to Canadian citizens, because they are not part of the visa waiver program. It should be noted however; some Canadian citizens traveling to the U.S. require nonimmigrant visas.

Frequently Asked Questions

Q:	What Is the Visa Waiver Program (VWP)?
A:	The VWP allows foreign nationals from certain countries to be admitted to the United States under limited conditions and for a limited time without obtaining a visa.

Q:	What Laws Govern the VWP?
A:	In 1986, the Immigration Reform and Control Act incorporated the Visa Waiver Pilot Program into the Immigration and Nationality Act. The program retained its pilot status until October 30, 2000, when the Visa Waiver Permanent Program Act made the pilot program permanent with some modifications. Section 217 of the Immigration and Nationality Act provides the legal authority for the VWP.

How Does the VWP Work?

The VWP permits nationals from designated countries to apply for admission to the United States for 90 days or less as non-immigrant visitors for business or pleasure without first obtaining a nonimmigrant visa. If the following requirements are met, the Secretary of Homeland Security, in consultation with the Secretary of State, may designate a country as a participant in the program:

The country offers reciprocal travel privileges to United States citizens;
Nationals of the country have a low refusal rate for United States visas;
The country has certified that it has a machine-readable passport program;
The country will begin issuing a machine-readable passport to its citizens not later than October 26, 2004.
The Secretary of Homeland Security, in consultation with the Secretary of State, prepares a report evaluating the effect the country's designation would have on the United States' law enforcement and security interests; and
The Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country's designation for the program would not compromise United States law enforcement or national security interests, including interests in enforcing immigration laws.

What Countries Are in the VWP?

The following countries are currently in the program:

Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom*.

For citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man, the Secretary of Homeland Security, in consultation with the Secretary of State, may add countries to the program or remove them from the program at any time.

After May 15, 2003, citizens of Belgium must present a machine-readable passport in order to be granted admission under the VWP. This requirement also applies to citizens of Andorra, Brunei, Liechtenstein and Slovenia.

Who Is Eligible to Use the VWP?

To qualify for the VWP, you must:

Intend to enter the United States for 90 days or less;
Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
Be a national of the VWP country that issued your passport;
Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:
1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;
Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. Please see "How Do I Get an Arrival Departure Document?" for more information about arrival/departure records.);
Not pose a safety threat to the United States;
Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;
Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a);
Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Q:	What Is the Advantage of Using the VWP?
A:	The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States spontaneously without obtaining visas, unless they are otherwise inadmissible.

What Are the Disadvantages of Using the VWP?

If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied, you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order; therefore, before using the VWP, you should carefully consider your options.

When Must I Obtain a Visa Instead of Using the VWP?

If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form DS-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

Q:	How Can I Obtain Documents Needed To Use the VWP
A:	You must contact the appropriate agency in your country of birth or nationality for information about obtaining a passport from that country.

How Do I Enter the United States Using the VWP?

You must satisfy the eligibility requirements as listed above in the question, "Who is eligible to use the VWP?", which includes arriving on a signatory air carrier. A list of participating VWP carriers is maintained at the National Fines Office located at 1525 Wilson Blvd., Suite 425, Arlington, VA 22209, and is available upon request.

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 United States.

If you enter at a land POE you must complete and sign the Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form, usually issued in the secondary inspection station and pay the land border fee as prescribed in 8 CFR § 103.7(b)(1), you must also be admissible to the United States. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212(a).

Also note that after May 15, 2003, citizens of Belgium must present a machine-readable passport in order to be granted admission under the VWP. This requirement also applies to citizens of Andorra, Brunei, Liechtenstein and Slovenia.

Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?

Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:
1. Can identify an authorized period of admission that has not expired,
2. Plans to depart the United States prior to the expiration date of their period of admission,
3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

What Islands Are Included Within the Meaning of Adjacent Islands?

The term "adjacent islands" is defined in section 101(b)(5) of the Act and for the purposes of the VWP includes

Anguilla
Antigua
Aruba
Bahamas
Barbados
Barbuda
Bermuda
Bonaire
British Virgin Islands
Cayman Islands
Cuba
Curacao
Dominica
Dominican Republic
Grenada
Guadeloupe
Haiti
Jamaica
Marie-Galante
Martinique
Miquelon
Montserrat
Saba
Saint-Barthelemy
Saint Christopher
Saint Eustatius
Saint Kitts-Nevis
Saint Lucia
Saint Maarten
Saint Martin
Saint Pierre
Saint Vincent
Grenadines
Trinidad
Tobago
Turks and Caicos Islands
Other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

Q:	Are Properly Documented Nationals from VWP Designated Countries Arriving on a Signatory Carrier Eligible to Transit to the United States?
A:	Yes, provided they are admissible to the United States.

Q:	What if a VWP Applicant is Found to be Inadmissible?
A:	Generally, a VWP applicant found to be inadmissible by the inspecting officer is refused entry into the United States without further administrative hearing.