| What is the Visa Waiver Program?
The Visa Waiver Program (VWP) enables citizens
of participating countries to travel to the U.S. for tourism
or business for 90 days or less without obtaining a U.S. visa.
The VWP is administered by the Attorney General in consultation
with the Secretary of State. The Visa Waiver Program (VWP) was
created by an act of Congress as a pilot program in 1986 and
implemented in 1988. Congress passed legislation to make the
program permanent in October 2000, and the President signed
the legislation on October 30, 2000.
Currently there are 29 participating countries
in the VWP: Andorra, Argentina, 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, the United Kingdom and Uruguay.
How can travelers enter the U.S. on VWP?
To enter the U.S. on VWP, travelers from participating
countries must:
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Have a valid passport issued by the participating country
and be a citizen (not merely a resident) of that country.
As of October 1, 2007, the passport presented at the US
port of entry must be a machine readable passport;
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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.
-
Have proof of financial solvency and hold a completed
and signed visa waiver arrival/departure form (I-94W),
on which he/she has waived the right to a hearing of exclusion
or deportation. These forms are available from participating
carriers, from travel agents, and at land-border ports-of-entry.
(Travelers should consult carriers to verify which ones
are participating before making travel arrangements.)
Entry at a land border crossing point from Canada
or Mexico is permitted under the VWP. Travelers who apply for
entry at a land border crossing point are not required to present
round-trip transportation tickets or arrive at the border entry
point aboard a carrier who has signed an agreement with the
U.S. to participate in the VWP. All other VWP requirements apply
to such travelers.
How long may travelers stay in the U.S. on
VWP?
Visitors applying for entry under this program
are allowed to remain 90 days. No extensions of stay can be
granted, and VWP travelers cannot change their status. Consistent
with regulations pertaining to B1/B2 temporary visitor visas,
travelers coming under the VWP cannot work or study.
Would a citizen of a VWP country ever need
to apply for a visa?
Certain travelers still need to apply for a visa,
such as those who plan to work or study in the U.S., stay more
than 90 days, or who might otherwise be ineligible for a visa.
Travelers previously denied visas, or who have criminal records,
or who believe they may be ineligible to enter the U.S. on the
VWP, should contact the nearest U.S. Embassy or Consulate before
attempting to travel on the VWP.
How does a country qualify for VWP participation?
Once a country meets the refusal rate criteria,
a number of other factors must be evaluated before a decision
on VWP nomination can be made:
-
Reciprocity: VWP candidate countries must provide
reciprocal visa-free travel for U.S. citizens.
-
Passport security: A country must have a machine
readable passport (MRP) program in place in order to qualify
for VWP participation. In addition, VWP candidate countries
must demonstrate that adequate safeguards against fraudulent
use of their passports are in place, including proper
storage of blank passports and sufficient screening of
passport applicants. Consideration will also be given
to the ease with which host country citizenship can be
obtained.
-
Political and economic stability: Countries under
consideration for VWP participation must be sufficiently
stable to ensure that conditions which could affect VWP
qualifying criteria (such as overstay rates in the U.S.)
are not likely to change dramatically in the future.
-
Border controls: VWP candidate countries must
demonstrate that effective border controls are in place
for all territory under their control. Factors taken into
consideration include the thoroughness and consistency
of entry checks as well as the extent to which the country's
territory is used as a transit point for alien smugglers.
-
Law-enforcement cooperation: The degree to which
host country law enforcement agencies cooperate with U.S.
counterparts as well as international entities such as
Interpol will be considered. The Attorney General, in
consultation with the Secretary of State, must evaluate
the nominee country's interest in enforcement of U.S.
immigration laws, and the existence and effectiveness
of extradition agreements with the U.S., including extradition
of its own nationals who violate US laws. The Attorney
General must submit a report to Congress on the country's
qualification for designation that includes an explanation
of a favorable determination.
Is there a probationary program for VWP entry?
No. The probationary status entry program, designed
for countries with a refusal rate of less than 3.5 percent but
more than 2 percent, was eliminated by the new immigration legislation
signed into law in September 1996. Therefore, no more countries
may be admitted in probationary status.
How does the nomination process work?
The nomination process is based on a 1997 protocol
established between the Departments of State and Justice. Under
this protocol, the State Department initiates the process by
advising the Department of Justice of its intent to nominate
a country for consideration for inclusion in the VWP. The Department
of State may only nominate a country once it determines that
each the first three qualifications listed above (including
refusal rate below 3%, reciprocal treatment for American citizens,
and machine readable passport program in place) have been met.
If all three of these criteria have not been met, or if the
Department of State believes that deficiencies in the other
qualification areas are significant, the Department will not
nominate a country.
Once the Department of State has advised the Department
of Justice of its intent to nominate a country, an interagency
team reviews the nomination, focusing on the impact inclusion
of the country in VWP would have on law enforcement, national
security, and immigration control. If no clearly disqualifying
objections are raised during this prenomination review, the
Secretary of State submits a formal written nomination to the
Attorney General.
After a country is formally nominated, INS leads
a site team of representatives from interested agencies to visit
the nominated country. The team reviews the nominee country’s
political, social, and economic condition; the security of its
passport and national identity documents; its border controls,
immigration and nationality laws, and law enforcement policies
and practices; and other matters that nay be of law enforcement,
immigration, or national security concern. Based on the prenomination
review and site visit, the interagency working group submits
a recommendation to the Attorney General, who then makes the
ultimate decision on VWP participation.
11/06/00
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