Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

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New York, NY 10004

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The Visa Waiver Program/ESTA

Q: What is the Visa Waiver Program and why is it helpful?

A: The Visa Waiver Program is a system where foreign nationals who are citizens of certain countries can, by mutual agreement between the U.S. and these countries, enter the U.S. for brief visits without first obtaining a visa stamp from a U.S. Embassy or Consulate abroad. This saves the significant time needed to apply for a B-1 or B-2 visa stamp and enables foreign nationals to enter on short notice to meet urgent business needs or take impromptu vacations.

Q: Which countries are currently a part of the Visa Waiver Program?

A: You can view the current list on the U.S. State Department web site here.

Q: What is ESTA?

A: ESTA stands for "Electronic System for Travel Authorization." This is an online advance registration system which collects in advance of the trip the information which was formerly collected on the light green I-94W card specific to the Visa Waiver Program (as opposed to the white I-94 card completed by all other non-immigrant visa applicants for admission and various other entrants), which used to be completed while en route to the U.S. Use of ESTA does require a small fee (see below) and needs to be done in advance of departure.

Q: For what purposes can the foreign national visit the U.S. on the Visa Waver Program?

A: Essentially, the foreign national can do the same things on visa waiver as a foreign national entering on a traditional B-1/B-2 visitor visa with a visa stamp. In other words, vacations, business meetings, conferences and in some limited circumstances training or work for the overseas company pursuant to a contract with a U.S. company are acceptable for individuals entering under the visa waiver program.

Q: Once in the U.S. under the Visa Waiver Program, can a foreign national change to some other status to work for a U.S. employer?

A: No - a foreign national entering under the visa waiver program can not change to another non-immigrant status, unlike an individual entering under the B-1/B-2 visitor visa. A person in the U.S. on the Visa Waiver program would need to leave the country and re-enter in the new visa status.

Q: Can any citizen or national of a country on the current list of Visa Waiver countries use the program to enter the U.S. without first getting a B-1/B-2 Visitor Visa from a U.S. Consular post?

A: No. There are several requirements beyond just being a citizen or national of a Visa Waiver country, and certain people will need to get a visa stamp even though they are citizens or nationals of a Visa Waiver country. Such people include:

  • People who have not first received approval through the ESTA system.
  • People who want to stay in the U.S. for more than the 90 days permitted by the Visa Waiver program
  • People who do not have a sufficiently recent passport - in most cases, the Machine-Readable Passport ("MRP" - meaning that the long edge of the passport is coded to be read by optical readers), but for certain countries - specifically Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, or the Slovak Republic - this means an electronic passport with integrated Radio Frequency ID chip - valid for six months past their expected stay.
  • People traveling into the U.S. by a carrier NOT on the approved carriers list, or by private aircraft.
  • People who have a criminal record or certain legally defined grounds for ineligibility (see the the U.S. State Department page on these ineligibilities here
  • People who have used the Visa Waiver program before but overstayed the period of admission (one strike and you're out - there are no second chances if you don't abide by the terms of the program)
  • People who have been refused admission to the U.S. in the past - even if it wasn't their fault or was in their own view unfair.

Q: Are there any costs associated with the Visa Waiver Program?

A: A few. The ESTA system charges a $4.00 processing fee to apply, and when the application is approved there is an additional $10.00 issuance fee ($14.00 total). This must be paid by credit card online. Some land border corssings also charge a small additional fee.




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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.