Visa Waiver Program (VWP)

The Visa Waiver Program (VWP) allows nationals from designated countries to apply for admission to the US for 90 days or less as temporary visitors for business or pleasure without obtaining a US visa from a US post abroad. Currently, 40 countries participate in the Visa Waiver Program.

A Visa Waiver admission does not confer work authorization. Also, since those admitted on the Visa Waiver Program have no visa, they can’t extend their time in the US. Nor can they cannot change to another visa status while in the US.

The United Kingdom (UK) refers only to British citizens who have the unrestricted right of permanent abode in the UK (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man). It does not refer to British overseas citizens, British dependent territories’ citizens, or citizens of British Commonwealth countries.

Visa Waiver Program and Electronic System for Travel Authorization (ESTA)

The Electronic System for Travel Authorization (ESTA) is accessible online. Eligible citizens and nationals of Visa Waiver Program (VWP) countries may use it to apply for advance authorization to travel to the US under the Visa Waiver Program.

All VWP travelers must obtain an electronic travel authorization prior to boarding a carrier to travel by air or sea to the US under the VWP.

An approved travel authorization via ESTA is:

• Required for all WVP travelers prior to boarding a carrier to travel by air or sea to the US under the VWP.
• Valid, unless revoked, for up to 2 years, or until traveler’s passport expires, whichever comes first.
• Valid for multiple US entries. Travelers can easily update ESTA information should destination addresses or itineraries change after approval through the ESTA Web Site.
• ESTA approval is not a guarantee of admissibility to the US at a port of entry. Approval only authorizes a traveler to board a carrier for travel to the US under the WVP.

ESTA Application

To complete an online application, go to the ESTA Web site. Travelers should apply well before scheduling travel to the US. The ESTA system requires basic biographical and eligibility information. Travelers may apply any time prior to travel. But DHS recommends applications be submitted no less than 72 hours prior to travel.

In most cases, an applicant will receive a response from ESTA within seconds:

• “Authorization Approved: Travel authorized.”
• “Travel Not Authorized: Traveler must obtain a nonimmigrant visa at a US Embassy or Consulate before traveling to the US” Or,
• “Authorization Pending: Traveler must check the ESTA Web site for updates within 72 hours to receive a final response.”

Visa Waiver travelers who do not obtain travel authorization via ESTA prior to travel may be denied boarding,. Or, they may experience delayed processing or be denied admission at a US port of entry.

Visa Waiver Program Overstays

ESTA travelers who overstay must obtain a US visa for subsequent US visits. They may face expedited removal upon subsequent US visits, depending on past violations or overstays, and their perceived threat to the US. But CPB has discretion to admit VWP participants whose past overstays are very minor.

Waiver of Rights under the Visa Waiver Program (VWP)

As a condition of each admission into the US under the VWP, submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the US shall reaffirm the waiver of any rights to review or appeal of a US Customs and Border Protection (CPB) Officer’s determination as to admissibility; or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the VWP.