What is the Visa Waiver Program (VWP)?
The VWP permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.
Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies. The VWP, administered by the Department of Homeland Security (DHS), in consultation with the State Department, utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests. It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.
How does VWP travel work? What is the Electronic System for Travel Authorization (ESTA)?
All prospective VWP travelers must obtain pre-travel authorization via U.S. Customs and Border Protection’s (CBP) Electronic System for Travel Authorization (ESTA) prior to boarding a plane or ship bound for the United States.
ESTA applications are available on CBP’s website: https://esta.cbp.dhs.gov/esta/.ESTA is used to determine eligibility to travel without a visa to the United States under the VWP. Travelers who do not receive an approved ESTA must apply for a U.S. visa at the nearest U.S. Embassy or Consulate prior to travel to the United States. Travelers should check their ESTA status prior to travel on CBP’s website.
The VWP permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.
Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies. The VWP, administered by the Department of Homeland Security (DHS), in consultation with the State Department, utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests. It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.
How does VWP travel work? What is the Electronic System for Travel Authorization (ESTA)?
All prospective VWP travelers must obtain pre-travel authorization via U.S. Customs and Border Protection’s (CBP) Electronic System for Travel Authorization (ESTA) prior to boarding a plane or ship bound for the United States.
ESTA applications are available on CBP’s website: https://esta.cbp.dhs.gov/esta/.ESTA is used to determine eligibility to travel without a visa to the United States under the VWP. Travelers who do not receive an approved ESTA must apply for a U.S. visa at the nearest U.S. Embassy or Consulate prior to travel to the United States. Travelers should check their ESTA status prior to travel on CBP’s website.
What is the Visa Waiver Program Improvement and Terrorist
Travel Prevention Act of 2015?
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the “Act”), signed into law on December 18, 2015, established new eligibility requirements for travel under the VWP, to include travel restrictions. These restrictions do not bar travel to the United States, but they do require a traveler covered by the restrictions in the law to obtain a U.S. visa, which generally includes an in-person interview with a U.S. consular officer. The Act also requires all VWP travelers to have an electronic passport for travel to the United States by April 1, 2016. And finally, the Act codifies many of the enhanced security measures announced by DHS in August 2015.
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the “Act”), signed into law on December 18, 2015, established new eligibility requirements for travel under the VWP, to include travel restrictions. These restrictions do not bar travel to the United States, but they do require a traveler covered by the restrictions in the law to obtain a U.S. visa, which generally includes an in-person interview with a U.S. consular officer. The Act also requires all VWP travelers to have an electronic passport for travel to the United States by April 1, 2016. And finally, the Act codifies many of the enhanced security measures announced by DHS in August 2015.
What are the specific changes to the VWP?
Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:
Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions). Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.
Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:
Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions). Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.
These restrictions do not apply to VWP travelers whose presence in Iraq, Syria, Iran, or Sudan was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country. These military and official government services exceptions, however, do not apply to the dual national restriction.
Travelers who are known to fall into the dual national category noted above will receive notice via email on or about January 21, 2016 that their current ESTA is no longer valid. The Act also requires that all VWP travelers use an electronic passport for travel to the United States by April 1, 2016.
Finally, the Act includes other changes
to the VWP to promote enhanced information sharing of terrorism and criminal
data, and use of INTERPOL databases and notices for border screening purposes.
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