Visa Waiver Program (VWP)

• Overview

• Activities Allowed

• Activities Requiring a Visa

• Visa Waiver Program Countries

• Machine Readable Passports (MRP)

• Entering the United States

• Fees

• Canadian Citizens

• Extensions of Stay Unavailable

Overview of the Visa Waiver Program

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa.  One exception is the Visa Waiver Program, which allows citizens from certain countries to enter the United States for up to 90 days without a visa for tourism or business. 

Activities Allowed

With the Visa Waiver Program, you are allowed to visit the United States for business or pleasure.  Some of the activities permitted as a business visitor include:

• 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.

Some of the activities permitted as a visitors for pleasure include:

• 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.

Activities Requiring a Visa

Foreign nationals planning to travel to the United States for a different purpose such as students, temporary workers, crewmen, or journalists must apply for a different visa in the appropriate category.

Representatives of the foreign press, radio, film, journalists or other information media, engaging in that vocation while in the United States, require a nonimmigrant media visa (called an I visa).  Foreign press cannot travel to the United States using a visitor visa or under the visa waiver program.

Visa are also required for individuals who:

• Intend to stay in the United States longer than 90 days;
• Want to work or study in the United States;
• Have been refused a visa before;
• Have a criminal record;
• Arrive in the United States aboard a non-signatory aircraft;
• Are inadmissible under INA § 212(a);
• Are ineligible for a visa. See Classes of Aliens Ineligible for Visas on the State Department website.

Countries Participating in the Visa Waiver Program

Currently, 27 countries participate in the Visa Waiver Program.  VWP participating countries are:

Visa Waiver Program - Participating Countries

*Countries marked with an * require a machine-readable passport to use the Visa Waiver Program, starting on October 1, 2003.  See below for more information.

Machine-Readable Passports

A machine readable passport has biographical data entered on the data page that is able to be read by a computer and meets international specifications. If there are questions about your passport, you may want to contact the agency that issues passports in your country of citizenship.

The State Department will require all travelers under the Visa Waiver Program to have a machine readable passport by October 26, 2004.  After October 1, 2003, citizens of Belgium, Andorra, Brunei, Leichtenstein, and Slovenia who wish to travel to the U.S. under the Visa Waiver Program must present either a machine-readable passport (MRP) or a U.S. visa at the port of entry to enter the United States. 

If you do not have a machine-readable passport, you will need to obtain a U.S. visa. 

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

Entering the United States under the VWP

To enter the United States 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 country that 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.

• 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 United States.

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

Fees

There is a $6 fee for the Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W from airlines.

Canadian Citizens

Citizens of Canada generally do not require a visa.  Canada is not part of the visa waiver program, as 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. 

Extensions of Stay Unavailable

Visitors using the Visa Waiver Program are not eligible for extensions of stay, or changes of status to another nonimmigrant or immigrant category.  To maintain your status, you must leave the United States before the date shown on your I-94 card.