If you ask a traveler about the U.S. Visa Waiver Program (VWP), he or she may not be sure what it is or what it provides in regards to entering the country. Individuals interested in coming to the United States, however, should be aware of the VWP, what type of travel it allows, and how to qualify.

Eligibility Requirements

The VWP is extended to nationals of member countries only, and it allows them to travel to the U.S. for up to 90 days without a visa. However, this is contingent on meeting all of the requirements the State Department has set out. The requirements include the following:

• The purpose of the travel must be something that would normally qualify for a B visa, which is a visitor visa for business or tourism;
• A person must travel in the appropriate manner—on an approved air or sea carrier (if the person arrives by train, all carriers are acceptable) and with a round-trip ticket showing his or her intention to leave the country;
• A person may not have a previous history of noncompliance with immigration decisions or be inadmissible at the time he or she wants to travel;
• A person must have the correct type of passport—usually a machine-readable passport, sometimes with required biometrics or personal data, embedded in a chip in the front; and
• A person must have an authorization under the Electronic System for Travel Authorization (ESTA). ESTA is the system used to keep track of entries to the United States. Proponents argue that it is a security measure. However, critics argue that as it is currently established, ESTA allows for too much leeway to capriciously deny applications. For example, until recently, people who were HIV-positive were often barred from entry, even if they possessed the proper waivers.

Country Politics

Not all countries are part of the program, and there are specific requirements that a country must meet before being accepted. These requirements are laid out in 8 U.S.C. §1187, and the primary factors concerning a country’s eligibility are the country’s passport security and a very low refusal rate of immigrants from said country, implying that citizens of that country are able to comply with the requirements.

It is also implied, though not stated, that U.S. allies are given participation in the program. One notable omission from the list is Israel, which has quite close ties. However, feathers have been ruffled both by the affair of Jonathan Pollard, and by the alleged mistreatment of Americans of Palestinian origin by Israel. Lobbyists have attempted to bridge the gap, but as of this writing, Israel remains off the list.

Contact an Immigration Attorney

If you have questions about the Visa Waiver Program, the Illinois immigration attorneys at Katz Law Office, Ltd. will do their best to assist you. We have a long history of success in immigration matters, with multiple Chicagoland locations and one in Mexico City, for your convenience. Contact us for a free consultation today.