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Visa Waiver Program

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The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. All countries participating in the program are high-income economies with a high HDI and are regarded as developed countries.

  Countries participating in Visa Waiver Program colored in Red.

History

The Visa Waiver Program was introduced in 1986 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.

In November 2006, the Bush Administration announced that plans for an "Electronic Travel Authorization" program (officially named "Electronic System for Travel Authorization") 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 will be modeled on the Electronic Travel Authority scheme that has been used in Australia for many years.[1]

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.[2] "It is a removal of the last relic of Communism and the Cold War", said Czech Prime Minister Mirek Topolánek. [3]

On December 22, 2008, in a joint press conference at Auberge de Castille, Maltese Prime Minister Lawrence Gonzi and US Ambassador Molly Bordonaro announced that Malta would join the program with effect from 30 December 2008. [4]

In January 2009 the first Assistant Secretary (acting as Under Secretary-equivalent) 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. [5]

After lengthy negotiations between U.S. and Greek officials concluded in May 2009, Greece is a candidate nation for the Visa Waiver program and will be admitted sometime in the near future.[6][7]

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 programme with the USA, the press service of the Bulgarian Foreign Ministry said in a statement.[8]

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 Secretary of Homeland Security, in consultation with the Secretary of State, as a "program country". Permanent residents of designated countries do not qualify unless they hold a citizenship of another designated country. The criteria for designation as program countries are specified in Section 217 (c) of the Immigration and Nationality Act (Title 8 U.S.C. §1187).[9][10] The criteria stress passport security and a very low nonimmigrant visa refusal rate: not more than 3% as specified in Section 217 (c)(2)(A) of the Immigration and Nationality Act, as well as ongoing compliance with the immigration law of the United States.

As of 31 December 2008, 35 countries were designated as VWP participants:[4]

Europe (29)

Asia (4)

Oceania (2)

Eligibility for the visa waiver scheme may be withdrawn at any time. Usually this may happen if the United States feels that citizens of a certain country are more likely 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.

Greece is the only country of the original 15 nations of the European Union prior to the enlargement of May 1, 2004 whose citizens require a visa to enter the United States. Slovenia was the only nation of the ten newly admitted nations that became a member of the VWP before the 2008 mass admission.

Guam-only Visa Waiver Program

In the U.S. territory of Guam, located in the western Pacific Ocean, the U.S. federal government has implemented a Guam-specific Visa Waiver Program. As an insular area of the United States, entry requirements for Guam are the same as any other U.S. destination. However, under this program, first enacted in October 1988, nationals from several additional countries[12] in Asia and the Pacific islands are permitted to enter Guam as tourists without a visa for up to 15 days (up to 45 days as of November 28, 2009[13]). Travel is not permitted onwards to the mainland United States.[12]

  Countries participating in Guam-only Visa Waiver Program coloured in Green.

In addition to citizens from the 35 participant nations in the federal VWP, citizens of the following countries may enter Guam visa-free under the Guam-only waiver program:

Entry into the Northern Mariana Islands

The U.S. commonwealth of the Northern Mariana Islands (CNMI), also located in the Western Pacific Ocean near Guam, is a separate jurisdiction (from the United States) in terms of immigration control. Instead of visas, the CNMI issues Visitor Entry Permits (VEP). All countries in the federal visa waiver program are exempt from CNMI's VEP requirement, and in addition, citizens of the Republic of China (Taiwan) and holders of Hong Kong passports (both the Hong Kong SAR passport and the British National (Overseas)) are exempt from the VEP. [15][16][17]

Citizens of 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 are prohibited from entering the Northern Mariana Islands.[18]

Under the federalization law passed by the U.S. Congress in 2008, CNMI's immigration functions will be taken over by U.S. Department of Homeland Security agencies as of November 28, 2009.[19][13] A joint Guam-CNMI Visa Waiver Program will be instituted, but the exact list of countries is yet to be finalized.

Enlargement of the group of eligible countries

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[20][21]. 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[22], 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 (S.2611), whose Sec. 413, Visa Waiver Program Expansion[23], 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.

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". Recently (July 2007) the House and the senate passed the Secure Travel and Counterterrorism Partnership Act, directing 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[citation needed]. This new act changes the nonimmigrant visa refusal rate threshold - from 3% - to 10%, thus making (as of 2008) 32 countries[24] qualify for inclusion in the visa-waiver program: Argentina, Bahamas, Bahrain, Brazil, Chile, Cyprus, Croatia, Greece, Hong Kong (HKSAR passport and British National (Overseas) passport), Israel, Kuwait, Macau, Malaysia, Namibia, Nauru, Oman, Qatar, Sao Tome and Principe, Saudi Arabia, Solomon Islands, South Africa, Taiwan, Timor Leste, United Arab Emirates, Uruguay, and Vatican City. Note that Cyprus, Greece, Malta, (East) Timor, and Vatican City, had already (in 2006) refusal rates less than the original 3%, but were not included in the VWP countries (whereas a year later, some additional countries had this original low level: Bahrain, Hong Kong (BN(O) passport only but not HKSAR passport), Israel, Kuwait, Nauru, and Qatar). 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.[25]

While all participating nations must provide reciprocal visa-free travel for U.S. citizens (usually ninety days for tourism or business purposes), Australia is the only nation that requires U.S. citizens (along with Canada and the VWP nations of Brunei, Japan, Singapore and South Korea)[26] to apply for an Electronic Travel Authority (ETA), which in fact is a visa that is stored electronically in a computer system operated by the Australian Department of Immigration and Citizenship (DIAC). A passport holder must apply for and purchase an ETA through an authorized travel agency, airline, or via the official DIMA website[27] 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 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.[28]

The only European microstate that is not a member of the program is the Vatican City. Its candidacy in the program is still a mystery, with no knowledge of whether it will or will not seek membership in the program.

Requirements for the visa waiver program

The requirements for the visa waiver program are as follows:

Machine readable and biometric passports

All travelers must have individual passports. It is not acceptable (for the visa waiver scheme) for children to be included on a parent's passport.

Passport requirements (for citizens of VWP pre-2008 members only) depend on the date the passport was issued or renewed:

  • Passports issued or renewed before 26 October 2005 must be machine readable.
  • Passports issued or renewed after 26 October 2005 must be machine readable and contain a digitized photograph, or must be biometric passports.
  • Passports issued or renewed after 26 October 2006 must be biometric (citizens of VWP post-2008 members must present a biometric passport).

Electronic System for Travel Authorization (ESTA)

All incoming passengers who intend to take advantage of the Visa Waiver Program are required to complete the I-94W form online before departure to the United States, but preferably at least 72 hours (3 days) 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.[29] The electronic authorization, which is valid for a two-year period,[30] mirrors Australia's Electronic Travel Authority system. The authorization is mandatory for participating VWP citizens before boarding flights destined to the United States, but this does not guarantee admission into the United States (since final admission eligibility is determined at U.S. ports of entry by CBP officers), and therefore, not meeting the criteria of a formal visa.

According to the U.S. Department of Homeland Security's ESTA fact sheet:

An approved ESTA travel authorization is:

• valid for up to two years or until the traveler’s passport expires, whichever comes first;
• valid for multiple entries into the U.S.; and
• not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry. (For additional information, please visit “Know Before You Go” at www.cbp.gov/travel.)

Currently all travelers from VWP countries are required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the United States under the VWP.[31]

Passport validity

The standard requirement for passport validity is 6 months beyond the expected date of departure from the United States, however some country-specific arrangements are different. [32]

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. Where the ticket terminates in Canada, Mexico, Bermuda or an island in the Caribbean, the traveler must be a legal resident of that country or territory.

Other eligibility requirements

Applicants for admission under the visa waiver program:

  • Must have complied with the conditions of all previous admissions to the United States.;
  • Must never have been convicted of, or arrested for, an offense or crime involving moral turpitude (there is an exemption in some cases for a single offence committed before age 18, and also for a single instance if the maximum possible sentence in the U.S. is one year or less in jail, and less than 6 months was served) or a "controlled substance," or (2 or more) 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 (e.g. The Rehabilitation of Offenders Act in the UK) do not apply.
  • Must not be otherwise inadmissible to the United States, such as on health or national security grounds;
  • Must not be intending to visit the United States for a purpose other than tourism or a short term business visit. In particular, journalists cannot use the visa waiver scheme to operate in the United States and must instead apply for an I visa.
  • If entering over the land frontier, must pay a fee of $6. For those arriving by air or sea, the cost of the visa waiver is included in the airline ticket.

Those who do not meet the requirements for the visa-waiver scheme must obtain a U.S. tourist visa from an American Embassy or Consulate.

Having been arrested (but not convicted or otherwise officially admitted the offence) does not in itself make a person ineligible to use the visa waiver scheme. However, many U.S. Embassies advise such persons to apply for a tourist visa[citation needed] because the I-94W form does ask about arrests (for crimes of moral turpitude) and there is no right of appeal if an immigration officer decides to refuse entry anyway.

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. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travelers can leave to contiguous countries (Canada, Mexico and the Caribbean), but will not be granted another 90 days after reentry in the United States.[33]

There are restrictions on the type of employment allowed. Meetings and conferences are acceptable, but "gainful employment" is not.

Citizens of Canada, Bermuda and Mexico

Canadian citizens and British Overseas Territories citizens from Bermuda are also admitted to the United States without requiring tourist visas, but under different legislation from the Visa Waiver program [34]. Mexicans holding a 10-year Border Crossing Card also do not require a visa to enter the United States.

Before 23 January 2007, citizens of Canada, (provided they held valid photo identification) 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 23 January 2007, Canadian and US citizens were required to have passports when entering the U.S. by air only.

As of 1 June 2009, Canadian and US citizens are required to present a valid passport, a NEXUS card, a Free and Secure Trade (FAST) card or an enhanced driver's licence/enhanced identification card when entering the United States by land or water. Canadians entering the US by air are still required to present a valid passport or NEXUS card. A NEXUS card can only be used at designated US and Canadian airports with NEXUS card kiosks. Children under 16, or under 19 while travelling with a school group need to only present a birth certificate or other similar proof of citizenship when entering the US from Canada by land or water.[35] [36]

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. Bahamians must be in possession of valid, non-expiring passport 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 twelve 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.[37]

Citizens of the Federated States of Micronesia, Marshall Islands, and Palau

Under the Compact of Free Association, citizens of the Federated States of Micronesia[38], the Republic of the Marshall Islands [39], and the Republic of Palau[40] (except for adopted children), may enter, reside, study, and work indefinitely in the United States without visas. These three nations hold the distinction of being the only countries in the world whose citizens do not require visas or other required documents (except a valid passport) for permanent residence, employment, educational pursuits, or for general visits in/to the United States. Time spent in the United States does not count towards permanent residency status, and those wishing to emigrate to the United States must obtain an immigrant visa prior to arriving to the country.

See also

References

  1. ^ Security Improvements to Visa Waiver Program
  2. ^ http://www.america.gov/st/peacesec-english/2008/October/20081017140208dmslahrellek0.8056452.html?CP.rss=true
  3. ^ http://ap.google.com/article/ALeqM5iFNLwiuGbJb_7FBdN33QPNw4yd6wD93SF8DG1
  4. ^ http://malta.usembassy.gov/visa_waiver.html
  5. ^ [http://www.hrt.hr/index.php?id=48&tx_ttnews%5Btt_news%5D=26887&tx_ttnews%5BbackPid%5D=23&cHash=c092163516
  6. ^ United States lift visa requirements for Greeks
  7. ^ U.S. Embassy in Athens: Greece and the Visa Waiver Program
  8. ^ Bulgaria signs interim agreement under visa waiver programme with the US
  9. ^ Cornell University U.S. Code collection - § 1187. Visa waiver program for certain visitors
  10. ^ Travel.State.Gov - Visa Waiver Program - How a Country Qualifies
  11. ^ Details about the Visa Waiver Program, Embassy of the United States in London
  12. ^ a b "Entry and Exit Formalities". Guam Visitors Bureau. The following countries are eligible for the Guam Visa Waiver Program: Australia, Brunei, Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, Solomon Islands, Taiwan (only authorized for citizens and residents arriving directly from Taiwan or arriving on a flight from Taiwan which stopped in Saipan en route, must possess a Taiwan National Identity Card), United Kingdom (including British National Overseas), Vanuatu, and Western Samoa.
  13. ^ a b "Transition to U.S. Immigration Law in the Commonwealth of the Northern Mariana Islands". United States Department of Homeland Security. November 21, 2008.
  14. ^ Traveling to Guam
  15. ^ [1]
  16. ^ http://www.timaticweb.com/cgi-bin/tim_website_client.cgi?SpecData=1&VISA=&page=visa&NA=TW&DE=MP&PASSTYPES=PASS&user=NWB2C&subuser=NWB2C
  17. ^ http://www.saipantribune.com/newsstory.aspx?newsID=85652&cat=1
  18. ^ ENTRY REQUIREMENTS TO THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS (CNMI) from www.mymarianas.com
  19. ^ "The Commonwealth of the Northern Mariana Islands Transition to U.S. Immigration Law: Overview". United States Department of Homeland Security. November 18, 2008.
  20. ^ CRS Report for Congress
  21. ^ South Korea, and the rest of the EU members (Bulgaria, Cyprus, Czech Republic[2], Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania, and Slovakia).
  22. ^ Calendar No. 715 108th CONGRESS 2d Session S. 2844
  23. ^ Comprehensive Immigration Reform Act of 2006 S.2611
  24. ^ Adjusted Refusal Rate B-Visa only, by nationality, fiscal year 2007
  25. ^ EU seeks U.S. visa waiver for all EU citizens - People's Daily Online
  26. ^ [http://www.eta.immi.gov.au/ETAAus1En.html Australia Electronic Travel Authority: Am I Eligible?[
  27. ^ Australian Electronic Travel Authority website
  28. ^ eVisitor: Eligibility
  29. ^ US to demand 72hrs notice for British tourists - Telegraph
  30. ^ NZers visiting US will have to register online - 03 Jun 2008 - NZ Herald: New Zealand National news
  31. ^ DHS: Fact Sheet: Electronic System for Travel Authorization (ESTA)
  32. ^ [3] U.S. State Department
  33. ^ The American Embassy in The Hague - Visa Waiver Program
  34. ^ U.S. State Department: Who from Canada, Mexico and Bermuda, Needs a Non-immigrant Visa to Enter the United States Temporarily?
  35. ^ http://www.cbsa-asfc.gc.ca/whti-ivho/menu-eng.html Canada Border Services Agency: Western Hemisphere Travel Initiative
  36. ^ http://www.getyouhome.gov/html/eng_map.html Western Hemisphere Travel Initiative
  37. ^ U.S. Embassy in Nassau, Bahamas: Non-Immigrant Visas
  38. ^ U.S. Embassy in Kolonia, Micronesia
  39. ^ U.S. Embassy in Majuro, Marshall Islands: Educational Exchange
  40. ^ Embassy of the Republic of Palau in Washington
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