Can You Travel To The US On A Visa Waiver Program (VWP) Or Do You Need A Visa?

Planning a trip to the U.S. in the near future? Have you applied for your visa yet? If you are a citizen of certain countries, your trip is for business or pleasure, and you are planning to stay in the U.S. for less than 90 days, you will not need a visa.

The Visa Waiver Program, known by the acronym VWP, allows citizens of 36 qualifying countries to travel to the United States for tourism or business for stays of up to 90 days without having to obtain a visa. The Visa Waiver Program (VWP) was established as a pilot program in 1986 with the express intent of bringing down unnecessary barriers to travel and stimulating the tourism industry. A side benefit of the program was to free up consular officers, allowing them to concentrate their focus in other areas. Individuals those are eligible to travel under the Visa Waiver Program (VWP) may still apply for and be issued a visitor visa under certain circumstances. However, you cannot use the Visa Waiver Program (VWP) to enter the U.S. for any purpose other than as a tourist or business visitor.

Eligible Countries for Visa Waiver Program (VWP):
There are currently 36 countries designated under the Visa Waiver Program (VWP). They are:
 

Requirements for Visa Waiver Program (VWP):

To be eligible to enter the U.S. without a visa under the Visa Waiver Program (VWP) the traveler seeking admission must be a citizen of one of the countries 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 requirements for the Visa Waiver Program (VWP) are as follows:

1. Citizen of Visa Waiver Program Country: To enter the U.S. under the VWP, travelers from participating countries must be a citizen of a designated Visa Waiver Program (VWP) country.

2. Machine readable and biometric passports: All travelers must have individual passports. It is not acceptable under the visa waiver program for children to be included on a parent's passport. Additionally, passport requirements (with respect to citizens of VWP countries designated before 2008) depend on the date the passport was issued or renewed:

o Passports issued or renewed before October 26, 2005 must be machine readable

o Passports issued or renewed after October 26, 2005 must be machine readable and contain a digitized photograph, or must be biometric passports

o Citizens of VWP countries designated after 2008 must present a biometric passport

3. Electronic System for Travel Authorization (ESTA): The ESTA was established in June 2008. All incoming travelers using the VWP are required to complete an I-94W form online before departure for the U.S. While a traveler can complete the ESTA application at any time before you come to the US the State Department prefers that it be done at least 72 hours (3 days) in advance. The ESTA was established to increase U.S. security by pre-screening participating VWP passengers against terrorist and/or no-fly lists and databases. Once completed the electronic authorization is valid for a two-year period. The authorization is mandatory for all VWP travelers before boarding flights destined to the United States. However, while the ESTA is required to be completed before travel to the U.S. it does not guarantee admission into the United States (final admission eligibility is determined at a U.S. port of entry by immigration inspectors).

4. Valid Passport: in addition to being a biometric passport the passport must be valid for 6 months beyond the expected date of departure from the United States. While this is the standard requirement some country-specific arrangements are different.

5. Return or Onward Ticket: If the individual is traveling on an electronic ticket they must have a copy of the itinerary to show the immigration inspector at the port of entry when they will be departing from the U.S.

NOTE: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be citizens of or legal permanent residents of these areas.

Who Do Not Qualify for Visa Waiver Program (VWP)?

Not all citizens or nationals of Visa Waiver Program (VWP) designated countries can enter the U.S. under the VWP. Any traveler who has been arrested (even if not convicted), those with criminal records, those with certain serious communicable illnesses, those who have been refused admission into or have been deported from the United States, or have previously overstayed on the VWP are not eligible for the program. Such travelers must apply for a visa, and, if required, a waiver. If they attempt to travel without a visa, they may be refused entry into the United States.

When Does a National of a VWP Country Need to Apply for a Visa Instead of Using the Visa Waiver Program (VWP)?
Any national of a Visa Waiver Program (VWP) country that falls within the terms of the preceding section must apply for a visa.

In addition a visa must be requested if the foreign national:

o Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to investor, etc.) once in the United States;

o Wants to work or study in the United States, wants to travel as a working foreign media representative, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

o Is a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, or the Slovak Republic AND DOES NOT HAVE an electronic passport with an integrated chip;

o Is a national of one of the VWP countries not listed above AND DOES NOT have a qualifying machine-readable passport;

o Intends to travel by private aircraft or other non-VWP approved air or sea carriers to the United States;

o Has a criminal record or other condition making them ineligible for a visa (see the previous section); or

o Has been refused 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.).

Conclusion: The Visa Waiver Program (VWP) has been a great benefit for travelers from VWP qualifying countries. It saves them the time and hassle of applying for a visa. However, travel without a visa does not include those who plan to study or work in the U.S., or who may need to remain in the U.S. for more than 90 days or change their status once they get here. Such travelers need visas. If an immigration inspector at a port of entry has reason to believe that a visa-free traveler is going to study, work or stay longer than 90 days, the officer will refuse to admit the traveler.