VISA WAIVER PROGRAM (VWP)
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 28 participating countries in the VWP: Andorra, 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:
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;
Be seeking entry for 90 days or less as a temporary visitor;
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?
Refusal rate: In order to qualify for VWP participation, the nonimmigrant visitor (”B-1/B-2″ visa category) refusal rate for nationals of a country who have applied at a U.S. Embassy or Consulate in that country must average less than 3% for the previous fiscal year.
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.
Security concerns: Any security concerns that could be raised by a country’s admission into the VWP program will be considered.
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.
NOTE: Effective February 21, 2002, Argentina is no longer included in the visa waiver program.