Visa Waiver Pilot Program Explained

U.S. Department of State
Bureau of Consular Affairs
Visa Services

Visa Waiver Program (VWP)

Important Notices:

Machine-readable passports - The Secretary of State has granted a postponement until October 26, 2004, as the deadline whereby visa waiver program travelers from 21 VWP countries must present a machine-readable passport (MRP) at the U.S. port of entry to enter the U.S. without a visa, otherwise a U.S visa is required. Starting October 1, 2003 visa waiver travelers from five countries must present either a machine-readable passport of a U.S. visa..

Citizens of Belgium who wish to travel to the U.S. under the Visa Waiver Program must present a machine-readable passport (MRP) effective May 15, 2003.

Overview

The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa. Not all countries participate in the VWP. Some restrictions apply to this program as explained below and in the section, “What Do I Need to Enter the United States under the VWP?”.

NOTE: Representatives of the foreign press, radio, film, journalists or other information media, engaging in that vocation while in the U.S., require a nonimmigrant Media (I) visa cannot travel to the U.S. on the visa waiver program and cannot travel using a visitor visa, seeking admission by the DHS immigration inspector, at the U.S. at the port of entry.

What Are the Visa Waiver Program (VWP) Countries?

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries

Andorra (MRP)
Australia
Austria
Belgium (MRP)
Brunei (MRP)
Denmark
Finland
France
Germany
Iceland
Ireland
Italy
Japan
Liechtenstein (MRP)
Luxembourg
Monaco
New Zealand
Norway
Portugal
San Marino
Singapore
Slovenia (MRP)
Spain
Sweden
Switzerland
the Netherlands
United Kingdom

Note: Countries in bold above with the (MRP) designation are required to have machine-readable passports (MRP) as of October 1, 2003 for travelers to enter the U.S on the visa waiver program. All other countries visa waiver program travelers above must have a MRP as of October 26, 2004 except Belgium, which has had an MRP requirement for VWP travelers since May 15, 2003.

What I Need to Know about VWP & the Required Machine Readable Passport?

The Secretary of State, working with the Department of Homeland Security, has granted a postponement until October 26, 2004, as the date by which visa waiver program travelers from 21 countries must present a machine-readable passport at a U.S. port of entry to be admitted to the United States without a visa. Five countries will continue with the October 1, 2003 deadline. The Patriot Act legislated the machine-readable passport requirement for visa waiver program travelers and additionally gave the Secretary of State authority to postpone the effective date.

• Countries With an October 1, 2003 MRP Date - Four visa waiver program countries, specifically Andorra, Brunei, Liechtenstein, and Slovenia, did not request a postponement of the machine-readable passport effective date, because all or virtually all of their citizens already have machine-readable passports.

As of October 1, 2003, visa waiver travelers from Andorra, Brunei, Liechtenstein, and Slovenia must present either a machine-readable passport (MRP) or a U.S. visa at the port of entry to enter the U.S. This includes all categories of passports — regular, diplomatic, and official, when the traveler is seeking to enter the U.S. for business or tourist purposes, for a maximum of 90 days without needing a visa.

• Countries With a October 26, 2004 MRP Date - Travelers from countries granted the postponement can continue to travel, as they have in the past, without a machine-readable passport. On October 26, 2004 a machine-readable passport or U.S. visa will be required at the port of entry, to enter the U.S. without a visa. Countries with the machine-readable passport postponement until October 26, 2004 are:

Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, and the United Kingdom.

• Belgium, which is also a visa waiver country, was not eligible to receive this extension. Belgian nationals who wish to travel under the visa waiver program have been required to present a machine-readable passport since May 15, 2003.

What Is a Machine Readable Passport?

A machine readable passport has biographical data entered on the data page according to international specifications. The size of the passport and photograph, and arrangement of data fields, especially the two lines of printed OCR-B machine readable data, meet the standards of the International Civil Aviation Organization, Doc 9303, Part 1 Machine Readable Passports. OCR-B means the type is Optical Character Reader size B. If there are questions about your passport, after carefully reviewing this information, and any information which may be available to you from your country, you may want to contact the passport issuing agency or authority in your country of citizenship.

What Should I Know About Machine-Readable Passports and Families?

Families seeking to enter the U.S. under the VWP will need to obtain an individual passport for each traveler, including infants. Machine-readable passports typically have biodata for only one traveler in the machine-readable zone. Based on this, families may be denied visa-free entry into the U.S. if the biodata for only one traveler is machine-readable.

What Do I Need to Enter the United States under the VWP?
• To enter the U.S. under the VWP, travelers from participating countries must:

• Be a citizen of a Visa Waiver Program country;

• Have a valid passport issued by the participating countrythat is valid for six months beyond your intended visit; Have a machine-readable passport (MRP), following the required due dates for MRPs explained above;

• Be seeking entry for 90 days or less, as a temporary visitor for business or pleasure. You will not be permitted to extend your visit or change to another visa category under the VWP.

Visitors for Business - Here are types of activities permitted as a business visitor:

- Participating in commercial business transactions which do not involve gainful employment in the U.S, for example, negotiating contracts or consulting with business associates You cannot receive a salary or wages from a U.S. source.
- Participating in scientific, educational, professional or business conventions, conferences or seminars;
- Conducting independent research;
- Appearing as a witness in a court trial.

Visitors for Pleasure - While this is not a complete listing, here are types of activities permitted:

- Visiting friends and relatives, touring or vacationing, visits for rest;
- Visits for medical treatment.
- Participating in conventions, conferences or convocation of fraternal or social organizations;

- Amateurs participating in sports, musical, and other events or contests, who will receive no money or other remuneration in return;

• 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.

• Hold a completed and signed Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W, on which he/she has waived the right of review or appeal of an immigration officer’s determination about admissibility, or deportation. These forms are available from participating carriers, from travel agents, and at land-border ports-of-entry.

• You must have no visa ineligibilities. This means if you have been refused a visa before, have a criminal record or are ineligible for a visa you cannot travel on the Visa Waiver Program without a visa. You must apply for a visa to the U.S.

Entry at a land border crossing point from Canada or Mexico is permitted under the Visa Waiver Program.

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When Does a Citizen of a VWP Country Need to Apply for a Visa?
You must apply for a visa under the following circumstances, if you:

• want to work or study in the United States; or
• have been refused a visa before; or
• have a criminal record; or
• are ineligible for a visa.

Do Canadian Citizens Need a Visa or MRP?

Citizens of Canada generally do not require a visa. (While some people mistakenly think Canada is part of the visa waiver program, the authorization for Canadian citizens to travel visa-free comes from other immigration laws.) The machine-readable passport requirement does not apply to Canadian citizens, because they are not part of the visa waiver program. It should be noted, these Canadian citizens travelling to the US require nonimmigrant visas: treaty traders (E), and fiance/es (K-1), as well as a U.S. citizen’s foreign citizen spouse, who is traveling to the U.S. to reside here while they wait for the final completion of the process of immigration (K-3), and their respective children (K-2 for children of fiancees, and K-4 for children of a foreign citizen spouse), spouses of lawful permanent residents (V-1) and the children of those spouses (V-2) traveling to the U.S. to reside here while they wait for the final completion of their immigration process. Additionally, these Canadian citizens travelling to the US require nonimmigrant visas: foreign government officials (A), officials and employees of international organizations (G), NATO officials, representatives and employees if they are being assigned to the U.S. (as opposed to an official trip).