There’s been a lot of talk concerning this program recently. and legislation was passed with a large bipartisan majority in the U.S. House of Representatives this week. The Visa Waiver Program (VWP) allows citizens of the 38 participating countries to travel to the United States without a visa for stays of 90 days or less, if they meet all program requirements. The 38 countries are in general the friendliest to the U.S. with the least problematic citizens from U.S. Immigration’s viewpoint but criteria for acceptance into the program go beyond the touchy-feely. Most countries are in Europe; others include Australia, New Zealand, and Japan. Some countries not included: all Latin and South American countries except Chile; all Middle Eastern countries (including Israel), all African countries, and most of those in Asia including the Philippines, China, India.
The Visa Waiver Program makes it easier, but not automatic, to travel. If you’ve ever gone to Europe as a tourist on a U.S. passport, you know you can board a plane to Paris and go – you don’t need to go to France’s embassy first to apply for a tourist visa. That’s how the VWP works. Obviously it’s good for American businesses as it makes it much easier for millions of foreigners to come here to spend their money. The countries in the program have to meet certain requirements, including that there are low rates of fraudulent entries by their citizens. If a person is not eligible to enter the U.S. through the VWP, s/he can still apply for a visitor visa at their country’s U.S. embassy or consulate.
You’re still not granted automatic entry into the U.S. When a foreign national arrives at any U.S. port of entry, they’re going to be greeted by an officer of U.S. Customs and Border Protection (CBP)who can ask them questions, and more questions, to determine if they will be admitted to the U.S. If the CBP officer has a concern about the person, that person can be detained and not admitted. This is true of any foreign national entering, not just those under the Visa Waiver Program. When foreign nationals head for the U.S., even with an immigrant visa (green card) in hand, they can still be denied entry.
Some of the current requirements for entering the U.S. on the Visa Waiver Program include:
- You must have at least a machine-readable passport, and you need a more secure e-passport if your passport was issued on or after October 26, 2006, which covers most entrants. An e-passport contains an electronic chip which holds the same information printed on the passport’s data page and a biometric identifier. The United States requires that the chip contain a digital photograph of the holder.
- You must have authorization through the U.S. government’s web-based Electronic System for Travel Authorization (ESTA) before boarding a U.S. bound air or sea carrier. The carrier must be approved, and you must have a round-trip ticket.
- If you’ve ever been denied a U.S. visa or violated the terms of a prior admission, such as overstaying a previous Visa Waiver Program stay, you can’t enter through the VWP.
The new bill rushed through the House includes a number of provisions, many of which are sensible and makes the program more secure. All Visa Waiver countries will be required to issue e-passports and to share more extensive security information. Some are not as sensible. For example, a child who has never been to Syria, but was born in France to Syrian parents, would be ineligible for the VWP just based on Syrian nationality. While U.S. security is highly important, let’s not allow fear to overcome our good sense.
