The Visa Waiver Program (VWP) qualifies individuals from 40 countries to visit or enter the US without a visa as well as to reside for no more than 90 days. Visitors could apply for travel authorization and register with the Electronic System for Travel Authorization (ESTA) program before entering the US. This enables travelers to stay for at least 90 days without requiring a visa. If you're not an American citizen or a permanent resident, you would typically need to apply for a visa to enter and lawfully reside in the United States, regardless of whether you had plans for a brief business trip or vacation.
If all you want to do is explore the scenery, see friends, or attend a business meeting, there is good news. You could be eligible to gain entry via the Visa Waiver Program. The VWP can be beneficial for visitors who plan to live in the US for a short period. If you would like to consider your option of residing in the United States for a longer term the next time you visit, you can consult a professional immigration lawyer to counsel you on the alternatives that will enable you to apply for the visa you require. If you're planning a trip to the United States, this blog will guide you on the fundamentals of the Visa Waiver program.
What is a Visa Waiver Program?
The Visa Waiver Program or VWP, which is managed by the Department of Homeland Security (DHS) in collaboration with the State Department, is a program that allows nationals of 40 countries to enter the US for tourism or business for durations of no more than 90 days without requiring a visa. In exchange, these 40 nations must allow American citizens to visit their country for the same period without requiring a visa for tourism or business purposes.
Travelers who qualify for the VWP could, if they so want, apply for a visa. Not all nations are VWP participants, and not all individuals from VWP nations are qualified to use this program. VWP tourists are scrutinized before entry into the U. S. via the ESTA system. You must finish your Electronic System for Travel Authorization (ESTA) application before traveling to the US. It is worth noting that an ESTA travel authorization does not guarantee entry into the country.
Understanding the Electronic System for Travel Authorization
Before boarding a plane or ship with a destination in the United States, Visa Waiver Program passengers must file for and get travel authorization through ESTA. The Electronic System for Travel Authorization (ESTA) is an automated program that evaluates whether visitors are eligible to visit, enter or transit to the US under the VWP. You could do this online using a secure connection administered by the Department of Homeland Security and CBP. To qualify, you would need:
- A valid and legitimate passport from a member of the Visa Waiver Program
- A legitimate email address
- Your phone number and home address
- An emergency contact's email and phone number
You can use PayPal or a credit card to make an online payment for your ESTA. Currently, the charge is $14, which includes a processing fee of $4 and an authorization fee of $10. If your ESTA is declined, you would be charged only the processing fee. You could also be required to enter additional information if you possess a contact point or a Global Entry ID number in the U.S. The ESTA application would take no more than 30 minutes to be completed.
A traveler's eligibility to enter the US is not determined by ESTA authorization. When travelers arrive in the United States, officers from Customs and Border Protection determine their admissibility. The ESTA application gathers biographic information as well as responses to VWP's eligibility questions. Although ESTA requests can be made at any time before your departure, it is advised that travelers submit their requests as soon as they start making travel arrangements or before booking their flights. Most of the time, those who apply for an ESTA will get a real-time response regarding the status of their request to travel or visit the US. Applicants whose ESTA applications were rejected or denied are encouraged to apply for visas at the nearest US embassy or consulate.
Reasons for Traveling Under the Visa Waiver Program
If you intend to transit via the US to another nation, you can apply for the Visa Waiver Program. Other tasks you can accomplish with the Visa Waiver Program include:
Tourism Activities
Common examples of tourism activities include:
- A vacation
- Taking part in sporting or musical events if you are not being rewarded or paid for your participation
- Social occasions
- Medical care
- Seeking admission in a brief recreational course, such as a culinary class
- Visiting family members or friends
Commercial Activities
Some of the reasons for traveling as a business person include the following:
- Attending an educational, scientific, or professional meeting
- Consultation with business partners
- Contract negotiations
- Short-term coaching where you're not paid or reimbursed by a US-based sponsor. Expenses are often not considered income
The B-1/B-2 visa and the VWP both have similar travel restrictions. If you choose to stay permanently, your VWP entry does not permit you to engage in employment or academic pursuits. You could speak with a qualified immigration attorney to find out more about the type of visa you would require for such activities.
Eligibility for the Visa Waiver Program
Following the "Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015," the US Department of Homeland Security began making changes to the VWP in 2016. Since then, a select group of visitors would no longer be permitted to enter the country through the Visa Waiver Program. According to the Act, nationals in the categories listed below are no longer qualified to visit or be accepted in the U.S. without the need for a waiver under the Visa Waiver Program:
- VWP nationals who visited or were present in North Korea, Iraq, Sudan, Iran, Syria, Libya, Yemen, or Somalia on or after March 1, 2011 (with restricted exclusions); and
- VWP nationals who are also citizens of Syria, Iran, North Korea, Iraq, or Sudan
These limitations don't involve:
- VWP passengers who were in Iraq, Syria, North Korea, Yemen, Libya, Sudan, Somalia, or Iran to undertake military duty in a program nation's armed forces, or
- To undertake official obligations as a full-time employee of a program country's government.
However, the exemption for official government and military services doesn't apply to the dual nationality limitation. Travelers who have visited one or more of the 7 nations mentioned above for official/military activities should have relevant paperwork with them while entering the United States through a border checkpoint or port of entry. An individual who is found to fall within the above-mentioned dual national group will be notified through an email on or after January 21, 2016, that his or her present Electronic System for Travel Authorization is no longer active.
Passport Requirements
Travels under the VWP are restricted to individuals who have passports with specific security features. The requirements for the Visa Waiver Program are:
- On the biographic section of the passport, there must be a machine-readable area
- The passport should be an electronic passport that features a digital chip comprising biometric data of the passport holder
As of April 1, 2016, every traveler must possess an e-passport to access the VWP. E-Passports, identified by the symbol, are more secure passports with an implanted electronic chip. An e-Passport is issued by the appropriate passport issuing agency and therefore must satisfy international requirements for safeguarding and preserving details of the owner and passport.
Digital Photographs
All VWP countries should issue passports containing a digital photo printed on the information page, or their nationals would be forced to seek a visa to visit the US. In contrast to photos that are laminated or glued into passports, digital photos are printed directly on the page. If the passport lacks this provision, you could still visit the US without the need for a visa if you meet the following conditions:
- You're a permanent resident of a nation that is a participant of the Visa Waiver Program before 2008 and hold a legitimate passport with a machine-readable zone approved before October 26, 2005, or
- You possess an "e-Passport" with an implanted computer chip able to store biographical details from the information page, a digital photo, as well as other biometric data
If your passport was issued on or after October 26, 2005, and it doesn't fit the criteria listed above, you'll need to get a visa.
Machine-Readable Passports
All nations participating in the Visa Waiver Program should issue passports featuring a machine-readable section. Machine-readable passports feature two lines of text as numbers, letters, and chevrons (<<<) at the lower end of the personal data page, together with the holder's image. If your passport lacks this provision, you have 2 options:
- Apply for a Visa, or
- Obtain a new passport that meets the requirements, if your nation of citizenship issues them
If you have any concerns regarding your country producing a valid e-Passport, please get in touch with the passport-issuing office or the embassy of your country.
The Benefits and Drawbacks of Traveling Under the Visa Waiver Program
There are many advantages to the Visa Waiver Program. You won't need to submit a visa application, which consumes a lot of time, energy, and paperwork. You could easily have the VWP authorized on a computer and then proceed to book your trip to the United States. With the VWP, you can set your journey for business and enter the United States as fast as possible without having to wait around for lengthy processing procedures.
Furthermore, if you gain access to the U.S. with a Visa Waiver Program, you could also explore Mexico, Canada, and other surrounding islands for the duration of your VWP's validity. Therefore, you won't have any issues if you return to the country while the VWP is still in effect. Other visas don't allow you to do this.
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Activities that are permitted under the Visa Waiver Program
The VWP allows you to enter the US exclusively for the following activities:
- Engage in music or sports-related events or competitions for which you wouldn't be compensated or paid
- Discuss and/or negotiate business contracts
- Enroll in brief study sessions for which you won't get credit like cooking classes
- Interact with business partners in the United States
- Visit the United States for a vacation
- Estate settlements
- Attend seminars, educational activities, and/or business gatherings
- Explore different US cities
- Take part in social functions sponsored by various groups
- Traveling for medical attention
- Visiting family members and/or friends living in the United States
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Activities That Are Not Allowed under the Visa Waiver Program
On the other hand, you're not permitted to travel, enter or visit the US with the following actions in mind:
- Enroll as a part-time or full-time student
- Perform and be paid or rewarded for your efforts
- Engage in journalism or the press
- Take up any kind of employment
- Apply to be a crew member in either a ship or an airplane
- Make an application for permanent residency in the U.S.
Frequently Asked Questions About the Visa Waiver Program
Below are some of the most common questions asked about the visa waiver program.
Which Documents are Needed for Visa Waiver Travel in the United States?
The e-Passport and an ESTA approval are the only credentials required to obtain a VWP stamp on a traveler's passport. Your e-Passport should be up to date and valid for no less than six months after your scheduled travel from the United States.
You can begin making travel plans to the U.S. once you have received approval from the Electronic System for Travel Authorization.
Can I Obtain A Green Card While Holding A Us Visa Waiver?
The waiver allows you to travel to the US for vacation or commercial purposes and reside for no more than 90 days. You must also demonstrate that you would travel back to your home nation. For this reason, securing a Green Card while using a Visa Waiver is extremely challenging, if not impossible.
The only options to obtain permanent residency are through marriage to an American citizen or through applying to join family members who already reside in the US. Even if a foreigner secures a job in the United States, he or she would be unable to change the status of their visa to a different one that gives him or her dual intent.
Can I Carry Dependents With Me If I Qualify For The Visa Waiver Program?
Each Waiver that's granted is unique and doesn't extend to a group of individuals. Therefore, if you wish to visit the US with your family, like your partner and children, you each need to be qualified for the Visa Waiver Program and obtain one for each person. Even young children must meet the requirements for the VWP and have an up-to-date and valid passport to be eligible. For this reason, you need a separate Visa Waiver for every dependent if you want to bring them to the US.
Should I Get Healthcare Insurance as a Tourist in the U.S.?
No. The government does not demand that visitors to the US purchase health insurance. However, because of the high costs of the US healthcare system, it's strongly recommended that you acquire health insurance before visiting the United States. For example, the average cost of spending a night in an American hospital is over $10,000, whereas the treatment for a fractured arm or leg will cost you around $2,500.
Does The Act Apply To VWP Travels At Land Borders?
The admission requirements extend to all VWP participants, regardless of the mode of entrance. If you don't satisfy any one of the Act's new eligibility standards, you will be disqualified for VWP travels as well as admission to the US. You'll need to apply for a nonimmigrant visa. A visa waiver for a participant's travel history would not be considered at the border checkpoint via I-94W.
How Can A Nation Enroll In The Visa Waiver Program?
To participate in the VWP, a country should meet the following requirements:
- Have a denial rate of less than 3% for B visas
- Have advanced security data and law enforcement cooperation with the US
- Issue e-passports
- Report stolen or lost passports
- Maintain high-security standards in border control, counter-terrorism, law enforcement agencies, and other areas
Find an Immigration Attorney Near me
If you intend to visit the United States under the Visa Waiver Program, you must have all of the necessary information. We at the California Immigration Attorney exclusively handle immigration law. Our attorneys assist individuals, companies, and families throughout the state that are dealing with immigration-related matters. Our immigration lawyers can address your concerns and manage the crucial elements required to expedite applications for your Visa Waiver Program. Feel free to contact us at 424-789-8809 for assistance.