Visa Waiver Program - VWP

The Visa Waiver Program (VWP) enables nationals of 36 participant countries to travel to the U.S. for tourism or business (Visitor B Visa purposes only) for up to 90 days without obtaining a visa. Please note that citizens of Canada, Mexico and Bermuda are not participants in the Visa Waiver Program.

VWP eligible travelers may apply for a visa, if they prefer to do so, particularly if the intended period of stay exceeds 90 days or envision that they may wish to change their status once in the U.S.

 Eligible Countries. Currently, there are 36 countries participating in the VWP:
Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zeeland, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

 Traveler Eligibility. A traveler seeking admission to the U.S. must:

1.     Be a citizen of a country participating in the VWP – see the eligible countries list

2.     Receive an authorization to travel under the VWP through the Electronic System for Travel Authorization (ESTA)

3.     Present the appropriate type of passport valid for six months past their expected stay in the U.S.; a machine readable  and biometric passport with integrated chip (e-passport) – see the Custom and Border Protection Passports Requirements

4.     Stay in the U.S. for 90 days or less for the sole purpose of tourism or business (Visitor B Visa)

5.     Travel on approved carrier if arriving by air or see – see the approved carrier list

6.     Demonstrate at a U.S. Port-of-Entry to a Custom official the intent to stay 90 days or less in the U.S. and demonstrate sufficient funds to support themselves while in the U.S.

VWP travelers admitted under VWP program may take short trips to Canada, Mexico or an adjacent island and generally be readmitted to the U.S. under the VWP for the balance of their original admission period.

 Requirements. All eligible nationals or citizens of VWP countries who plan to travel to the U.S. under the VWP are required to receive an authorization though ESTA at least 72 hours prior to boarding a U.S. bound airplane or vessel, even if they are only transiting U.S. en route to another country. Accompanied and unaccompanied children, regardless of age, are also required to obtain an independent ESTA approval. A third party, such as a relative or travel agent, is permitted to submit an ESTA application on behalf of a VWP traveler. Click here to Apply

ESTA is a web-based, automated system that assists in determining eligibility to travel to the U.S. under the VWP. Each approved ESTA application is generally valid for two (2) years or until the applicant’s passport expires, whichever comes first. A new travel authorization is required if: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed.

Beginning September 8, 2010, a fee must be paid in connection with each application requesting an electronic travel authorization ($4.00 Processing Charge and $10.00 Authorization Charge). Payments can only be made by credit card or debit card. The ESTA system currently accepts only the following credit/debit cards: MasterCard, VISA, American Express, and Discover. You may also have a third party, such as a relative or travel agents pay the associated fees for each application. Your application will not be submitted for processing until all payment information is received.

ESTA and I-94W. Most travelers entering the United States under the Visa Waiver Program who have an approved ESTA will no longer need to fill out the I-94W form, nor will a green I-94W departure card be placed in their passport. The I-94W form will still be required at the land border.

 Restrictions.

1.     Travelers should be aware that by requesting admission under the VWP, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application at the port of entry. Furthermore, a traveler found to have violated the conditions of admission under the VWP may be removed without having the right to contest the removal order.

2.     A person entering the U.S. under the VWP cannot request an extension of period of stay or change of nonimmigrant status

3.     Travelers admitted under the VWP may not engage in “gainful employment” – see B-1 Visa and B-2 Visa Basic Requirements.

 If you have questions about VWP and/or ESTA requirements, or if you need assistance with admission or consider changing status, please contact our office at 704-944-3239 or contact@charlottelaw.net