About ESTA and The Visa Waiver Program

The "Implementing Recommendations of the 9/11 Commission Act of 2007" (9/11 Act) amended Section 217 of the Immigration and Nationality Act (INA), requiring that the Department of Homeland Security (DHS) implement an electronic travel authorization system and other measures to enhance the security of the Visa Waiver Program. ESTA adds another layer of security that allows DHS to determine, in advance of travel, whether an individual is eligible to travel to the United States under the Visa Waiver Program and whether such travel poses a law enforcement or security risk.

The Visa Waiver Program allows foreign nationals from certain countries to travel to the United States for tourism, business, or transit, for stays of up to 90 days without obtaining a visa from the U.S. Embassy. Travelers admitted under the VWP must agree to waive their rights to review or appeal, as explained in the Waiver of Rights section of the Application screen

For further information refer to § 217 of the Immigration and Nationality Act, 8 U.S.C. § 1187, and 8 C.F.R. § 217.

Nationals or citizens of countries that participate in the Visa Waiver Program can transit through the United States with an Approve Authorization. If a traveler is only planning to transit through the United States en route to another country, when completing the ESTA, the traveler should select "Yes" to the question "Is your travel to the US occurring in transit to another country?".

The ESTA program allowed DHS to eliminate the requirement that Visa Waiver Program (VWP) travelers complete an I-94W prior to being admitted to the United States. CBP has transitioned to paperless processing for VWP travelers arriving by air or sea who have obtained a travel authorization. Most carriers are now capable of receiving and validating messages pertaining to the travelers ESTA status as part of the traveler s boarding status. Travelers entering the U.S. under the VWP who have an approved travel authorization will no longer be given a green I-94W departure coupon in their passport.

Visa Waiver Program Passport requirements are:

• The passport must have a machine-readable zone on the biographic page.
• The passport must be an electronic passport with a digital chip containing biometric information about the passport owner.

EXCEPTION: Effective July 1, 2009, Visa Waiver Program countries emergency or temporary passports must be electronic passports.

• Taiwan ^[1] passport holders must provide Passport Number and Personal Identification Number (PIN).

  [1] With respect to all references to "country" or "countries" in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that "[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan." 22 U.S.C. § 3303(b)(1). Accordingly, all references to "country" or "countries" in the Visa Waiver Program authorizing legislation, Section 217 of the Immigration and Nationality Act, 8 U.S.C. 1187, are read to include Taiwan. This is consistent with the United States one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

• Andorra
• Australia
• Austria
• Belgium
• Brunei
• Chile
• Croatia
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Ireland
• Isarael
• Italy
• Japan
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Monaco
• Republic of Malta
• Netherlands
• New Zealand
• Norway
• Poland
• Portugal
• Qatar
• Romania
• San Marino
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan^[1]
• United Kingdom

^[1] With respect to all references to "country" or "countries" in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that "[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan." 22 U.S.C. § 3303(b)(1). Accordingly, all references to "country" or "countries" in the Visa Waiver Program authorizing legislation, Section 217 of the Immigration and Nationality Act, 8 U.S.C. 1187, are read to include Taiwan. This is consistent with the United States one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

• If you intend to arrive in the United States aboard a non-signatory air carrier.
• If you intend to visit the United States for more than 90 days.
• If you believe any grounds of inadmissibility of the Immigration and Nationality Act § 212(a) apply to you, you should apply for a nonimmigrant visa before traveling to the United States.
• If you are traveling to the United States for a purpose other than short-term Tourism, Business, or Transit.

Before using the Visa Waiver Program, be aware of the following conditions that apply and carefully consider your options:

• If you are admitted to the United States under the Visa Waiver Program, you may not change or extend your non-immigrant status.
• If your admission is denied, you have no right to appeal a determination as to admissibility.
• If you are found to have violated the terms of your admission, you also have no right to review or appeal, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.

Travelers applying for admission to the United States under the Visa Waiver Program who are determined to be inadmissible to the United States will be denied admission and returned to their country of origin, or a third country from which the traveler holds a round-trip ticket, aboard the carrier on which the traveler arrived in the United States.

No. The requirements for a nonimmigrant visitor (B1/B2) visa are different under U.S. statute and more complex than the requirements for an ESTA. Applicants for a B1/B2 visa must in most cases undergo an interview with a United States Department of State consular officer, submit their biometric information in advance of travel, and provide additional biographic information not required under ESTA. These requirements do not exist for VWP travelers and will not exist with the addition of new ESTA questions.