Visa Waiver Program#ESTA

{{Politics of the United States |expanded= Foreign}}

To be eligible for a visa waiver under the VWP, the traveler seeking admission to the United States must be a national of a country that has been designated by the U.S. Secretary of Homeland Security, in consultation with the Secretary of State, as a "program country". Permanent residents of designated countries who are not their nationals do not qualify for a visa waiver. The criteria for designation as program countries are specified in Section 217(c) of the Immigration and Nationality Act ({{UnitedStatesCode|8|1187}}). The criteria stress passport security, a visitor visa refusal rate below 3%, and a reciprocal visa waiver for U.S. nationals, among other requirements.

As of 2025, nationals of 42 countries are eligible for entry into the United States without a visa under the VWP:{{cite web | url=https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html | title=Visa Waiver Program | publisher=U.S. Department of State | location=Washington}}{{cite web | url=https://www.dhs.gov/visa-waiver-program | title=U.S. Visa Waiver Program | publisher=U.S. Department of Homeland Security | location=Washington | accessdate=January 20, 2025}}

All visitors from VWP countries must hold a biometric passport.{{cite web | url=https://www.congress.gov/bill/114th-congress/house-bill/158/text|title=Text – H.R.158 – 114th Congress (2015–2016): Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 | last=Miller | first=Candice | date=December 9, 2015 | access-date=February 6, 2017}}

All travelers must have individual passports. It is not acceptable (for the VWP) for children to be included on a parent's passport.{{cite web | url=http://canberra.usembassy.gov/visa_waiver_prog.html | archive-url=https://web.archive.org/web/20120302015254/http://canberra.usembassy.gov/visa_waiver_prog.html|archive-date=March 2, 2012 | title=Visa Waiver Program {{!}} Embassy of the United States Canberra, Australia | date=2012-03-02 | access-date=2020-02-22}}

In principle, the passport must be valid for six months beyond the expected date of departure from the United States. However, the United States has agreements with a large number of countries to waive this requirement, including all VWP countries except Brunei.{{cite web | url=https://fam.state.gov/FAM/09FAM/09FAM040309.html#M403_9_3_B_2|title=9 FAM 101.1 INTRODUCTION TO 9 FAM | website=fam.state.gov | access-date=February 6, 2017}}

File:ESTA record.png

{{main|Electronic System for Travel Authorization}}

All incoming passengers who intend to take advantage of the Visa Waiver Program are required to apply for a travel authorization through the Electronic System for Travel Authorization (ESTA) online before departure to the United States, preferably at least 72 hours (3 days) in advance. This requirement was announced on June 3, 2008 and is intended to bolster U.S. security by pre-screening participating VWP passengers against terrorist or no-fly lists and databases.{{cite news | url=https://www.telegraph.co.uk/news/worldnews/northamerica/usa/2067319/US-to-demand-72hrs-notice-for-British-tourists.html | archive-url=https://web.archive.org/web/20080606000754/http://www.telegraph.co.uk/news/worldnews/northamerica/usa/2067319/US-to-demand-72hrs-notice-for-British-tourists.html | archive-date=June 6, 2008 | work=The Daily Telegraph | location=London | title=US to demand 72hrs notice for British tourists | first=Andy | last=Bloxham | date=June 3, 2008 | access-date=May 27, 2010}} It is similar to Australia's Electronic Travel Authority system. The authorization is mandatory for participating VWP nationals before traveling to the United States, but as with formal visas this does not guarantee admission into the United States since final admission eligibility is determined at U.S. ports of entry by CBP officers.

ESTA has an application fee of 4 USD, and if approved, an additional fee of 17 USD is charged, for a total of 21 USD. An approved ESTA is valid for up to two years or until the traveler's passport expires, whichever comes first, and is valid for multiple entries into the United States.{{efn|For nationals of Brunei applying from July 6, 2023, ESTA is valid for one year. For nationals of Hungary applying from August 1, 2023, ESTA is valid for one year and for a single entry to the United States.}}[https://esta.cbp.dhs.gov/faq?lang=en Frequently asked questions], Electronic System for Travel Authorization, U.S. Customs and Border Protection.

When traveling to the United States by air or sea under the VWP with ESTA, the person must be traveling on a participating commercial carrier and hold a valid return or onward ticket, dated within 90 days. The VWP does not apply at all (i.e. a visa is required) if a passenger arrives via air or sea on an unapproved carrier. ESTA is also required for travel by land.[https://www.cbp.gov/newsroom/national-media-release/cbp-expands-esta-requirements-visa-waiver-program-travelers CBP Expands ESTA Requirements for Visa Waiver Program Travelers], U.S. Customs and Border Protection, April 7, 2022.

Since 2016, those who have previously been in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011, or in Cuba on or after January 12, 2021, or who are dual nationals of Cuba, Iran, Iraq, North Korea, Sudan or Syria, are not eligible to travel under the VWP. However, those who traveled to such countries for diplomatic, military, humanitarian, reporting or legitimate business purposes may have this ineligibility waived by the Secretary of Homeland Security.[https://www.dhs.gov/news/2016/01/21/united-states-begins-implementation-changes-visa-waiver-program United States Begins Implementation of Changes to the Visa Waiver Program], U.S. Department of Homeland Security, January 21, 2016.

Applicants for admission under the Visa Waiver Program:

• Must have complied with the conditions of all previous admissions to the United States and have not been found ineligible for a U.S. visa.
• Must never have been convicted of, or arrested for, an offense or crime involving moral turpitude{{efn|There is an exemption in some cases for a single offense committed before age 18 and the crime was committed (and the person released from any confinement to a prison or correctional institution imposed for the crime) more than five years before the date of application for a visa, and also for a single instance if the maximum possible sentence in the United States is one year or less in jail, and less than six months was served. However, these exceptions cannot be applied by the individual as the question on ESTA is specific.}} or a controlled substance, or two or more crimes with a maximum aggregate sentence of five years' imprisonment or more, no matter how long ago. National regulations which normally expunge criminal records after a certain length of time (e.g. the Rehabilitation of Offenders Act 1974 in the UK) do not apply.
• Must not be otherwise inadmissible to the United States, such as on health or national security grounds.
• Must be intending to visit the United States for a purpose of tourism, business or transit.

Applicants should display social and economic ties which bind them to their country of origin or may be refused entry.[https://travel.state.gov/visa/frvi/denials/denials_1361.html Visa denials] {{Webarchive|url=https://web.archive.org/web/20131222133227/http://www.travel.state.gov/visa/frvi/denials/denials_1361.html |date=December 22, 2013 }} retrieved April 19, 2012

Having been arrested or convicted does not in itself make a person ineligible to use the Visa Waiver Program. However, some U.S. embassies advise such persons to apply for a tourist visa even though there is no legal obligation to do so.

Those who do not meet the requirements for the Visa Waiver Program must obtain a U.S. visitor visa from a U.S. embassy or consulate.

Visitors under the VWP may stay for up to 90 days in the United States and cannot request an extension of the original allowed period of stay (this practice is allowed to those holding regular visas).{{Cite web|url=https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor|title=B-1 Temporary Business Visitor|date=2015-07-14|website=USCIS|language=en|access-date=2020-02-03}}{{Cite web|url=https://immigration.com/visa/b-visa/b-visa-overview|title=B Visa Overview|date=2009-02-06|website=US Immigration Lawyer, Law Offices of Rajiv S. Khanna, PC, Rajiv S. Khanna|access-date=2020-02-03}}{{Cite web|url=https://www.uscis.gov/visit-united-states/extend-your-stay|title=Do you want or need to extend your stay in the U.S.?|date=2019-05-22|website=USCIS|language=en|access-date=2020-02-03}} However, VWP visitors may seek to adjust status on the basis of either marriage to a U.S. citizen or an application for asylum.{{cite web |title=8 USC §§ 1187, 1255(c)(4); Freeman v Gonzales, 444 F.3d 1031 (9th Cir. 2006) |url=http://www.ca9.uscourts.gov/datastore/opinions/2006/04/20/0435797.pdf |publisher=Ca9.uscourts.gov }}

U.S. Customs and Border Protection (CBP) officers determine admissibility upon the traveler's arrival. If one seeks to enter the United States under the VWP and is denied entry by a CBP officer at a port of entry, there is no path to appeal or review of the denial of entry.{{Cite web|last=Smith|first=Lamar|date=2000-10-30|title=H.R.3767 - 106th Congress (1999-2000): Visa Waiver Permanent Program Act|url=https://www.congress.gov/bill/106th-congress/house-bill/3767|access-date=2020-07-01|website=www.congress.gov}}

Travelers can leave to neighboring jurisdictions (Canada, Mexico and the Caribbean), but will not be granted another 90 days after reentry in the United States; instead they are readmitted to the United States for the remaining days granted on their initial entry.{{cite web |url=http://amsterdam.usconsulate.gov/visa_waiver_program2.html |publisher=The American Embassy in The Hague |title=Visa Waiver Program |archive-url=https://web.archive.org/web/20110619194258/http://amsterdam.usconsulate.gov/visa_waiver_program2.html |archive-date=June 19, 2011 }} Transit through the United States is generally permitted, if the total time in the United States, Canada, Mexico and adjacent islands is less than 90 days. However, if for example the traveler is transiting the United States on the way to a 6-month stay in Canada, the VWP cannot be used, as the total time in the United States, Canada, Mexico and adjacent islands will be over 90 days. In this case the traveler should apply for a B-1/B-2 visa, or a transit visa.

There are restrictions on the type of employment-related activities allowed. Meetings and conferences in relation to the travelers' profession, line of business or employer in their home country are generally acceptable, but most forms of "gainful employment" are not. There are however poorly-classifiable exceptions such as persons performing professional services in the United States for a non-U.S. employer, and persons installing, servicing and repairing commercial or industrial equipment or machinery pursuant to a contract of sale.{{cite web |title=Working (Legally) on a Visitor's Visa or Visa Waiver Entry |url= http://www.usvisalawyers.co.uk/article15.htm |publisher=Usvisalawyers.co.uk }} Performers (such as actors and musicians) who plan on performing live or taping scenes for productions in their country of origin, as well as athletes participating in an athletic event, are likewise not allowed to use the VWP for their respective engagements and are instead required to have an O or P visa prior to arrival. Foreign media representatives and journalists on assignment are required to have a nonimmigrant media (I) visa.{{cite web |url=https://travel.state.gov/visa/temp/without/without_1990.html |title=U.S. Department of State: Visa Waiver Program (VWP) |publisher=State.gov |archive-url=https://web.archive.org/web/20131102061718/http://travel.state.gov/visa/temp/without/without_1990.html#travelertype |archive-date=November 2, 2013}}

Congress passed legislation in 1986 to create the Visa Waiver Program with the aim of facilitating tourism and short-term business visits to the United States, and allowing the United States Department of State to focus consular resources on addressing higher risks. The United Kingdom became the first country to participate in the Visa Waiver Program in July 1988, followed by Japan in December 1988.{{cite news| url=https://www.nytimes.com/1988/10/30/travel/travel-advisory-accord-allows-trips-to-japan-without-a-visa.html | work=The New York Times | title=TRAVEL ADVISORY; Accord Allows Trips to Japan Without a Visa | date=October 30, 1988}} In July 1989, France, Italy, Netherlands, Sweden, Switzerland and West Germany were added to the VWP.

In 1991, more European countries joined the Program – Andorra, Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg, Monaco, Norway, San Marino and Spain – as well as New Zealand (the first country from Oceania). In 1993, Brunei became the second Asian country to be admitted to the Program.{{cite web|url=http://www.gao.gov/new.items/d0338.pdf |title=United States General Accounting Office: Implications of Eliminating the Visa Waiver Program |access-date=July 12, 2012}}

On April 1, 1995, Ireland was added to the VWP. In 1996, Australia and Argentina (the first Latin American country) joined, although Argentina was later removed in 2002. On September 30, 1997, Slovenia was added. On August 9, 1999, Portugal, Singapore and Uruguay joined the program, although Uruguay was subsequently removed in 2003.{{cite web|url=http://www.americanlaw.com/vwpp.html |title=Visa Waiver Program |publisher=Americanlaw.com |access-date=July 12, 2012}}

Following the September 11 terrorist attacks, the George W. Bush administration decided to tighten entry requirements into the United States, as a result of which legislation was passed requiring foreign visitors entering under the Visa Waiver Program to present a machine-readable passport upon arrival starting from October 1, 2003, and a biometric passport from October 26, 2004. However, as a number of VWP countries still issued non-machine readable passports (for example, more than a third of French and Spanish passport holders held a non-machine readable version), the implementation of this rule was postponed to October 26, 2004, with the exception of Belgian nationals, as there were concerns about the security and integrity of Belgian passports.{{cite news| url=https://www.nytimes.com/2003/09/09/us/two-years-later-borders-new-passport-rules-fight-terrorism-are-put-off-for-year.html | work=The New York Times | first=Philip | last=Shenon | title=TWO YEARS LATER: THE BORDERS; New Passport Rules to Fight Terrorism Are Put Off for a Year | date=September 9, 2003}} Likewise, the biometric passport requirement was also postponed to October 26, 2005, only to be further postponed by another year to October 26, 2006 at the request of the European Union, which raised concerns about the number of participating countries which would have been able to make the deadline.{{cite news |url=http://news.bbc.co.uk/2/hi/americas/6080384.stm |title=US imposes biometric entry demand |date=October 26, 2006 |work=BBC News |access-date=November 30, 2011}} When the new rule came into force on that day, three countries (Andorra, Brunei and Liechtenstein) had not yet started issuing biometric passports.{{cite web |url=http://www.govexec.com/dailyfed/1006/102706j1.htm |title=Most countries meet e-passport deadline – Defense |publisher=GovExec.com |access-date=July 12, 2012 |archive-date=January 19, 2012 |archive-url=https://web.archive.org/web/20120119145212/http://www.govexec.com/dailyfed/1006/102706j1.htm |url-status=dead }}

In November 2006, the U.S. government announced that plans for an "Electronic Travel Authorization" program (officially named "Electronic System for Travel Authorization") would be developed so that VWP travelers can give advance information on their travels to the United States. In return, they will be given authorization electronically to travel to the United States, although it does not guarantee admission to the United States. This program is modeled on the Electronic Travel Authority scheme that has been used in Australia for many years.[https://www.dhs.gov/xnews/releases/pr_1164919987951.shtm Security Improvements to Visa Waiver Program] {{webarchive |url=https://web.archive.org/web/20070613080816/https://www.dhs.gov/xnews/releases/pr_1164919987951.shtm |date=June 13, 2007 }}

Argentina's participation in the VWP was terminated in 2002 in light of the financial crisis taking place in that country and its potential effect on mass emigration and unlawful overstay of its nationals in the United States by way of the VWP. Uruguay's participation in the program was revoked in 2003 for similar reasons. While a country's political and economic standing does not directly determine its eligibility, it is widely believed that nationals of politically stable and economically developed nations would not have much incentive to illegally seek employment and violate their visa while in the United States, risks that consular officers seriously consider in approving or denying a visa.

After the 2004 enlargement of the European Union, both the newly admitted countries and EU agencies began intensive lobbying efforts to include those new countries in the VWP. The U.S. government initially responded to those efforts by developing bilateral strategies with 19 candidate countries known as the Visa Waiver road map process.{{cite book|url=http://www.ilw.com/immigrationdaily/news/2007,0314-crs1.pdf |author=Alison Siskin|title=Visa Waiver Program|publisher=Congressional Research Service|date=January 24, 2007|page=14}}. "Currently there are 19 'road map' countries. They are Argentina, Brazil, Bulgaria, Cyprus, Czech Republic, Estonia, Greece, Hungary, Israel, South Korea, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Taiwan, Turkey, and Uruguay." The U.S. government began to accept the possibility of departing from the original country designation criteria – which had been contained within immigration law per se – and to expand them by adding political criteria, with the latter being able to override the former. This development began first with Bill S.2844[http://thomas.loc.gov/cgi-bin/query/z?c108:S.2844.PCS: Calendar No. 715 108th CONGRESS 2d Session S. 2844] {{Webarchive|url=https://web.archive.org/web/20151019021140/http://thomas.loc.gov/cgi-bin/query/z?c108:S.2844.PCS: |date=October 19, 2015 }}, which explicitly named Poland as the only country to be added to the VWP, and continued as an amendment to the Comprehensive Immigration Reform Act of 2006 (S.2611), whose Sec. 413, Visa Waiver Program Expansion,{{cite web |url=http://thomas.loc.gov/cgi-bin/query/z?c109:S.2611.ES: |title=Comprehensive Immigration Reform Act of 2006 S.2611 |publisher=Thomas.loc.gov |access-date=July 12, 2012 |archive-date=October 19, 2015 |archive-url=https://web.archive.org/web/20151019021140/http://thomas.loc.gov/cgi-bin/query/z?c109:S.2611.ES: }} defined broader criteria that would apply to any EU country that provided "material support" to the multinational forces in Iraq and Afghanistan. However, the definition of that "material support" would be met again only by Poland and Romania, a fact that was not favorably received by the other EU candidate countries.

During his visit to Estonia in November 2006, President Bush announced his intention "to work with our Congress and our international partners to modify our visa waiver program". In 2006, the Secure Travel and Counterterrorism Partnership Bill was introduced in the Senate but no action was taken and that bill, as well as a similar one introduced in the House the following year, died after two years of inactivity.{{cite web |url=http://www.govtrack.us/congress/bill.xpd?bill=s109-4100 |title=Secure Travel and Counterterrorism Partnership Act |publisher=Govtrack.us |access-date=July 12, 2012}} The bill would have directed the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that were cooperating with the United States on security and counterterrorism matters.{{cite web|url=https://www.congress.gov/bill/109th-congress/senate-bill/4100 |title=S.4100 - Secure Travel and Counterterrorism Partnership Act |date=December 7, 2006 |publisher=Congress.gov |access-date=May 30, 2016}}

A June 2007 Hudson Institute Panel stressed the urgency of the inclusion of Central Europe in the VWP: "An inexplicable policy that is causing inestimable damage to the United States with its new Central and Eastern European NATO allies is the region's exclusion from the visa waiver program. As Helle Dale wrote in the spring issue of European Affairs: "Meanwhile, the problem is fueling anti-U.S. antagonisms and a perception of capricious discrimination by U.S. bureaucrats ---and damping the visits to the United States of people from countries with whom Washington would like to improve commercial and intellectual ties. Meanwhile, horror stories abound from friends and diplomats from Central and Eastern Europe about the problems besetting foreigners seeking to visit the United States. In fact bringing up the subject of visas with any resident of those countries is like waving a red flag before a bull." Visa waiver must be satisfactorily addressed and resolved at long last."Hudson Institute Panel:

Enduring Strains of Communism in Central and Eastern Europe [http://www.americanhungarianfederation.org/news_hudsoninstitute.htm]

The Implementing Recommendations of the 9/11 Commission Act of 2007 allowed the inclusion of new countries in the VWP with a visa refusal rate up to 10% (up from the standard requirement of 3%) if they satisfied certain other conditions, from October 2008.[https://crsreports.congress.gov/product/pdf/RL/RL32221 Visa Waiver Program], Congressional Research Service, June 29, 2020. With the relaxed criteria, eight countries were added to the program: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and South Korea in November 2008,{{cite web|url=http://iipdigital.usembassy.gov/st/english/article/2008/10/20081017140208dmslahrellek0.8056452.html |title=Seven Nations to Join U.S. Visa Waiver Program |publisher=America.gov |access-date=June 10, 2016}} and Malta in December 2008.{{cite web|url=http://www.aila.org/File/DownloadEmbeddedFile/51690 |title=DHS Designates Malta as a Visa Waiver Program Country |publisher=Department of Homeland Security |date=December 22, 2008 |access-date=June 10, 2016}} Czech Prime Minister Mirek Topolánek called it "a removal of the last relict of Communism and the Cold War".{{cite news|url=https://www.usatoday.com/news/world/2008-10-17-visa-waiver_N.htm |title=Bush announces visa waiver for 7 countries|work=USA Today |date= October 19, 2008|access-date=June 22, 2011}} However, from July 2009, the authority to include countries with such higher visa refusal rate became conditioned on the implementation of a system capable of matching the entry and exit from the United States of travelers under the VWP using biometric identifiers. As such system was not implemented, the visa refusal rate requirement returned to 3%.

Greece officially joined the program on April 5, 2010.{{cite web|url=https://www.dhs.gov/ynews/releases/pr_1268162593062.shtm |title=Secretary Napolitano Announces Greece's Designation as a Member of the Visa Waiver Program |date=March 9, 2010 |publisher=Dhs.gov |access-date=July 12, 2012}}{{cite web |url=http://athens.usembassy.gov/pr-2010-12.html |title=Greeks Can Travel to U.S. under Visa Waiver Program Starting April 5 With an Easy Electronic Application |publisher=Athens.usembassy.gov |access-date=July 12, 2012 |archive-url=https://web.archive.org/web/20110707044928/http://athens.usembassy.gov/pr-2010-12.html |archive-date=July 7, 2011 }}

On October 2, 2012, Secretary Janet Napolitano announced the inclusion of Taiwan into the program effective on November 1, 2012.[https://www.dhs.gov/news/2012/10/02/dhs-announces-taiwan%E2%80%99s-designation-visa-waiver-program DHS Announces Taiwan's Designation into the Visa Waiver Program] from http://www.dhs.gov; October 2, 2012 Only holders of passports with a national identification number would benefit from the visa waiver.{{Cite web|title=Visa Waiver Program|url=https://www.ait.org.tw/visas/visa-waiver-program/|access-date=2021-01-26|publisher=American Institute in Taiwan}}

In 2013 there was conflict over the United States-Israel Strategic Partnership Act of 2013 whose Senate version specified that satisfaction of the requirements regarding reciprocal travel privileges for U.S. nationals would be subject to security concerns.[http://thomas.loc.gov/ THOMAS search of "United States-Israel Strategic Partnership Act of 2013", S. 462] {{Webarchive|url=https://web.archive.org/web/20150830093514/http://thomas.loc.gov/ |date=August 30, 2015 }}. Many members of the House of Representatives opposed the security language because it seemed to validate Israel's tendency to turn away Arab Americans without giving any reason. None of the other 37 countries in the visa waiver program had such an exemption.Ron Kampeas, [http://azjewishpost.com/2013/in-u-s-fight-over-visa-waiver-exemption-for-israel-both-sides-cite-discrimination/ In U.S. fight over visa waiver exemption for Israel, both sides cite discrimination], Jewish Telegraphic Agency, April 15, 2013.

Chief Executive of Hong Kong Donald Tsang raised the issue of allowing holders of Hong Kong Special Administrative Region passports or British National (Overseas) passports to participate in the VWP during his visit to the United States in 2011, but proposals to allow this have not been successful.{{cite web|url=https://www.scmp.com/news/hong-kong/politics/article/1848106/return-moderate-mainstream-path-achieve-democracy-us-consul|title=Return to 'moderate mainstream' path to achieve democracy, US consul urges Hong Kong |work=South China Morning Post |date=August 20, 2015}}{{cite web|url=https://www.scmp.com/news/hong-kong/politics/article/2097340/what-united-states-visa-waiver-scheme-envoy-kurt-tong-wants|title= What is the United States visa waiver scheme that envoy Kurt Tong wants to be applied to Hong Kong?|work=South China Morning Post |date=June 7, 2017|author=Viola Zhou |author2=Joyce Ng }}

Hong Kong is the only jurisdiction with a higher Human Development Index than the United States whose citizens cannot enjoy the program. The visa refusal rate for Hong Kong dropped to 1.7% for HKSAR passport and 2.6% for British National (Overseas) passport in 2012.{{cite web |url=http://www.travel.state.gov/pdf/FY12.pdf |title=Adjusted Refusal Rate B-Visa only, by nationality, fiscal year 2012 |access-date=May 16, 2013 |archive-url=https://web.archive.org/web/20130717174850/http://www.travel.state.gov/pdf/FY12.pdf |archive-date=July 17, 2013 }} Hong Kong met all VWP criteria but did not qualify at the time because it was not legally a separate country, despite having its own passports and independent judicial system, monetary system and immigration control. The former Chief Executive of Hong Kong, Donald Tsang, raised the issue with then-Secretary of State Hillary Clinton during his visit to the United States in 2011 and was met with positive response. On May 16, 2013, a bipartisan amendment bill was passed by the Senate Judiciary Committee but not ratified into law.[https://www.congress.gov/bill/113th-congress/senate-bill/703/all-info "All Info - S.703 - 113th Congress (2013-2014): A bill to amend the Immigration and Nationality Act to provide for the eligibility of the Hong Kong Special Administration Region for designation for participation in the visa waiver program for certain visitors to the United States."], Congress.gov, Library of Congress, 11 April 2013. On August 10, 2015, the U.S. Consul General to Hong Kong and Macau, Clifford Hart, said during an interview with South China Morning Post that the visa waiver was "not happening anytime soon", as the Visa Waiver law required the participant to be a "sovereign state" and Hong Kong was not independent, thus ending the possibility of Hong Kong joining the program. He also denied that the failed lobbying effort of the HKSAR government on this issue was a result of the refusal of detaining Edward Snowden in 2013.{{cite web|url=http://www.scmp.com/news/hong-kong/politics/article/1848106/return-moderate-mainstream-path-achieve-democracy-us-consul|title=Return to 'moderate mainstream' path to achieve democracy, US consul urges Hong Kong |work=South China Morning Post |date=August 20, 2015 |access-date=May 23, 2016}}

Chile joined the VWP on March 31, 2014.

In 2014, the European Union pressured the United States to extend the Visa Waiver Program to its five member states that were not yet included in it (Bulgaria, Croatia, Cyprus, Poland and Romania).Gotev, Georgi. "[http://www.euractiv.com/justice/eu-gives-usa-deadline-reciprocat-news-533275 EU gives US six months to come clean on visa policy]". Euractiv. February 5, 2014. In November 2014, the Bulgarian government announced that it would not ratify the Transatlantic Trade and Investment Partnership unless the United States lifted the visa requirement for its nationals."[http://www.novinite.com/articles/165030/Bulgaria+Will+Not+Sign+TTIP+Unless+US+Lifts+Visa+Requirements+-+Minister Bulgaria Will Not Sign TTIP Unless US Lifts Visa Requirements – Minister]". Novinte. November 26, 2014. Due to incomplete U.S. reciprocity, in March 2017 the European Parliament approved a non-binding resolution calling on the European Commission to suspend the visa exemption for U.S. nationals to travel the Schengen Area.{{cite web|url=https://www.independent.co.uk/news/world/europe/europe-visa-free-travel-americans-european-parliament-vote-a7609406.html|title=European Parliament votes to end visa-free travel for Americans|last=Sharman|first=Jon|date=3 March 2016|work=The Independent|access-date=4 March 2017}} On May 2, 2017, the European Commission decided not act on the resolution and hoped to restart full visa reciprocity negotiations for the remaining EU member states with the new U.S. administration.{{Cite web|title=Press corner|url=https://ec.europa.eu/commission/presscorner/home/en|access-date=2021-02-19|website=European Commission - European Commission|language=en}}

In December 2018, ESTA was no longer processed in real time, and travelers were advised to apply at least 72 hours before departure.{{cite web|url=https://www.lonelyplanet.com/news/2018/12/20/estas-usa-new-changes|title=Travelling to the USA? The ESTA service has one important change|archive-url=https://web.archive.org/web/20181221230659/https://www.lonelyplanet.com/news/2018/12/20/estas-usa-new-changes|date=December 20, 2018|archive-date=December 21, 2018|author=Andrea Smith}}

In July 2019, U.S. Ambassador to Poland Georgette Mosbacher stated that "Poland would fully qualify for the Visa Waiver Program within 3 to 6 months after September 2019" depending on bureaucratic procedures.{{cite web | url=https://fakty.interia.pl/polska/news-georgette-mosbacher-potwierdza-wizy-dla-polakow-zostana-znie,nId,3120471 | title=To już przesądzone. Koniec wiz dla Polaków do USA }} On October 4, 2019, U.S. President Donald Trump confirmed that the Department of State had formally nominated Poland for entry into the Visa Waiver Program.{{Cite web|url=https://trumpwhitehouse.archives.gov/briefings-statements/statement-press-secretary-regarding-nomination-poland-entry-visa-waiver-program/|title = Statement from the Press Secretary Regarding the Nomination of Poland for Entry into the Visa Waiver Program – the White House}} On November 11, 2019 Poland officially joined the Program and became its 39th member.{{cite web|url=https://www.dhs.gov/news/2019/11/06/acting-secretary-mcaleenan-announces-designation-poland-visa-waiver-program |title=Acting Secretary McAleenan Announces Designation of Poland into the Visa Waiver Program |date=November 6, 2019 |access-date=November 6, 2019}}

On February 12, 2021, U.S. Embassy in Croatia's Chargé d'Affaires Victoria Taylor announced on Twitter that the refusal rate for business and tourist visas in Croatia in 2020 dropped to 2.69%, marking a step forward for Croatia to join the VWP "in the near future." On August 2, 2021, Secretary of State Antony Blinken announced that Croatia had been formally nominated to join the VWP.{{Cite web|date=2021-02-18|title=Croatians Soon to Travel Visa-Free to US, After the Country Met Another Condition for Joining Visa Waiver Program|url=https://www.schengenvisainfo.com/news/croatians-soon-to-travel-visa-free-to-us-after-the-country-met-another-condition-for-joining-visa-waiver-program/|access-date=2021-02-19|website=SchengenVisaInfo.com|language=en}}[https://hr.usembassy.gov/croatia-formally-nominated-to-join-the-u-s-visa-waiver-program/ Croatia formally nominated to join the U.S. Visa Waiver Program], U.S. Embassy in Croatia, 2 August 2021. On September 28, 2021, Secretary of Homeland Security Alejandro Mayorkas officially announced that Croatia would join the VWP before December 1, 2021.{{Cite web|date=2021-09-28|title=Secretary Mayorkas Announces Designation of Croatia as a New Participant in the Visa Waiver Program|url=https://www.dhs.gov/news/2021/09/28/secretary-mayorkas-announces-designation-croatia-new-participant-visa-waiver-program|access-date=2021-09-28|website=Department of Homeland Security|language=en}} Croatia joined the VWP on October 23, 2021.

In October 2020, the European Parliament repeated its request for the European Commission to suspend the visa exemption for U.S. nationals, and in March 2021, it filed a judicial action against the European Commission for its failure to act on the subject.{{cite web |url=https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62021CJ0137 |title=Judgment of the Court (Grand Chamber) of 5 September 2023, European Parliament v European Commission |publisher=EUR-Lex}} In September 2023, the Court of Justice of the European Union dismissed the judicial action brought by the European Parliament, ruling that the European Commission was not obligated to suspend the visa exemption for U.S. nationals.

On March 15, 2023, Democratic senator Dick Durbin introduced a bill that would allow including Romania in the VWP regardless of the program requirements.{{cite web|title= S.814 - Romania Visa Waiver Act of 2023 [118th Congress (2023-2024)]|url=https://www.congress.gov/bill/118th-congress/senate-bill/814|access-date= July 8, 2023|website=Congress.gov|language=en}}{{cite web|title=Romanian citizens could travel to the United States without a visa for a maximum of 90 days|url=https://radiomoldova.md/p/8280/romanian-citizens-could-travel-to-the-united-states-without-a-visa-for-a-maximum-of-90-days|date=March 16, 2023|website=Radio Moldova|language=en}}

On July 6, 2023, the validity of new ESTA applications by nationals of Brunei was reduced to one year.

On September 27, 2023, Israel was designated to join the VWP by November 30, 2023.[https://www.dhs.gov/news/2023/09/27/secretary-mayorkas-and-secretary-blinken-announce-designation-israel-visa-waiver Secretary Mayorkas and Secretary Blinken Announce Designation of Israel into the Visa Waiver Program], U.S. Department of Homeland Security, September 27, 2023. Israel joined the VWP on October 19, 2023.

On September 24, 2024, Qatar was designated to join the VWP by December 1, 2024.{{Cite web |title=Secretary Mayorkas and Secretary Blinken Announce Designation of the State of Qatar into the Visa Waiver Program |url=https://www.dhs.gov/news/2024/09/24/secretary-mayorkas-and-secretary-blinken-announce-designation-state-qatar-visa |date=2024-09-24 |publisher=United States Department of Homeland Security}} Qatar joined the VWP on November 21, 2024.

In December 2023, during a visit to the United States, Romanian Prime Minister Marcel Ciolacu said that Romania's entry into the U.S. visa-free program would be announced in 2024, ahead of the 2025 deadline discussed with the U.S. representatives.{{cite web|title=Romanians Could Soon Travel to the US Visa-Free|url=https://www.schengenvisainfo.com/news/romanians-could-soon-travel-to-the-us-visa-free/|date=December 7, 2023|website=SchengenVisaInfo|language=en}} On January 10, 2025, it was announced that Romania would join the VWP by March 31, 2025.{{cite web |url=https://www.dhs.gov/news/2025/01/10/secretary-mayorkas-and-secretary-blinken-announce-designation-romania-visa-waiver |title=Secretary Mayorkas and Secretary Blinken Announce Designation of Romania into the Visa Waiver Program |publisher=U.S. Department of Homeland Security |date=January 10, 2025}} However, on March 25, 2025, Romania's entry was put on hold amid further security review.{{Cite web |date=2025-03-25 |title=Romania's US Visa Waiver entry put on hold amid security review |url=https://www.romania-insider.com/romania-usa-visa-waiver-entry-pause-march-2025 |access-date=2025-03-25 |website=Romania Insider |language=en}} After the conclusion of the review, on May 2, 2025, the designation of Romania to the VWP was rescinded.{{cite web |url=https://www.dhs.gov/news/2025/05/02/dhs-announces-rescission-romanias-designation-visa-waiver-program |title=DHS Announces the Rescission of Romania's Designation into the Visa Waiver Program |publisher=U.S. Department of Homeland Security |date=May 2, 2025}}

In October 2017, U.S. officials discovered a massive passport fraud scheme in Hungary, in which hundreds of non-Hungarians obtained genuine Hungarian passports.John Hudson & Andras Petho, [https://www.washingtonpost.com/world/national-security/massive-passport-fraud-in-hungary-allowed-dozens-of-people-to-enter-us-under-false-identities-officials-say/2018/05/09/b1ee48be-523a-11e8-b00a-17f9fda3859b_story.html Massive passport fraud in Hungary allowed dozens of people to enter U.S. under false identities, officials say], Washington Post (May 12, 2018).Loveday Morris, [https://www.washingtonpost.com/world/2023/08/01/hungary-passport-fraud-us-travel-restrictions/ After massive Hungarian passport fraud, U.S. tightens travel restrictions], Washington Post (August 1, 2023). A U.S. Department of Homeland Security report (obtained by the Washington Post and reported in May 2018) showed that of approximately 700 non-Hungarians who had obtained the passports, 85 had attempted to travel to the United States under false identites, 65 had been admitted to the United States through the VWP, and (as of October 2017) approximately 30 remained in the United States despite the efforts of U.S. authorities to locate and deport them. The fraud was enabled by a policy implemented in 2011 by Hungarian Prime Minister Viktor Orbán; under the policy, the Hungarian government provided passports to ethnic Hungarians living outside Hungary, who could prove that one of their ancestors was a Hungarian citizen, with the goal of expediting naturalization.Béla Szandelszky, [https://apnews.com/article/us-hungary-visa-free-travel-restrictions-8d3d2394ca48fefd815f9a95845a58dd US restricts visa-free travel for Hungarian passport holders because of security concerns], Associated Press (August 1, 2023). More than a million people obtained Hungarian citizenship through the program. Because the program lacked stringent identity-verification procedures, it was abused by bad actors, including criminals and applicants who used forged documents to falsely claim Hungarian descent. Some who received Hungarian passports under the program were criminals without any connection to Hungary.

U.S. officials were alarmed by the risks created by the program, including the risk that the passports might be used in drug smuggling, organized crime, illegal immigration, espionage, or terrorism. In October 2017, the U.S. government downgraded Hungary's status in the VWP to "provisional" and sought to develop a "cooperative action plan" within 45 days.{{cite web|url=https://www.thesundaily.my/archive/us-threatens-end-hungary-visa-waivers-after-passport-fraud-report-GUARCH546813|title=US threatens end to Hungary visa waivers after passport 'fraud': Report|work=The Sun Daily|date=May 11, 2018|access-date=May 11, 2018}} U.S. and Hungarian officials engaged in a dialogue for several years on resolving the security risks, but Hungarian authorities failed to resolve the issues to the U.S. government's satisfaction. As a result, beginning in 2020 and 2021, the U.S. government barred Hungarian passport-holders who were not born in Hungary from obtaining ESTA pre-travel authorizations.Lili Bayer, [https://www.politico.eu/article/us-america-visa-waiver-program-esta-visa-waiver-hungary-tourism-viktor-orban/ US limits visa waiver for Hungarians], Politico (August 1, 2023).[https://www.imidaily.com/europe/us-drops-visa-waivers-for-hungarian-citizens-born-outside-the-country-cites-fraud-concerns/ US Drops Visa-Waivers for Hungarian Citizens Born Outside the Country, Cites Fraud Concerns], Investment Migration Insider (April 22, 2022). In August 2023, the U.S. government imposed additional restrictions on Hungary's participation in the VWP: the ESTA validity period for Hungarian passport-holders was reduced from two years to one year, and each ESTA on a Hungarian passport would be valid for only one entry to the United States.

Of the 19 road map countries listed in 2007, 12 have been admitted to the VWP. In 2024, the U.S. government cited six countries aspiring to join the VWP:{{cite web |url=https://crsreports.congress.gov/product/pdf/R/R46300 |title=Adding Countries to the Visa Waiver Program: National Security and Tourism Considerations |publisher=Congressional Research Service |date=October 8, 2024}}

Turkey, the remaining road map country listed in 2007, was no longer cited as an aspiring country in 2024. Chile, Croatia and Qatar were not listed as road map countries in 2007 but were later admitted to the VWP.

Cyprus, Nauru, Romania, United Arab Emirates, Uruguay and Vatican City had a visa refusal rate lower than 3% in fiscal year 2024, satisfying a critical requirement to join the VWP.

The Visa Waiver Program applies to all permanently inhabited U.S. territories except American Samoa.

Although the U.S. Visa Waiver Program also applies to the U.S. territories of Guam and the Northern Mariana Islands, and therefore nationals of VWP countries may travel to these territories with an ESTA, both territories have an additional visa waiver program for certain nationalities. The Guam–CNMI Visa Waiver Program, first enacted in October 1988 and periodically amended, permits nationals of 12 countries to travel to Guam and the Northern Mariana Islands for up to 45 days, and nationals of China to travel to the Northern Mariana Islands for up to 14 days, for tourism or business, without the need to obtain a U.S. visa. This program also requires an electronic travel authorization similar to ESTA but without a fee.{{cite web |url=https://www.federalregister.gov/d/2024-00645 |title=Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program Automation and Electronic Travel Authorization; Creation of CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP) |publisher=Federal Register |date=January 18, 2024}}{{cite web |url=https://g-cnmi-eta.cbp.dhs.gov |title=Guam-Commonwealth of Northern Mariana Islands Electronic Travel Authorization (G-CNMI ETA) |publisher=U.S. Customs and Border Protection}}

U.S. visa policy does not apply to American Samoa, as it has its own entry requirements and maintains control of its own borders. Hence, neither a U.S. visa nor an ESTA can be used to enter American Samoa. If required, an entry permit or electronic authorization must be obtained from the Department of Legal Affairs of American Samoa.{{cite web | url=https://www.legalaffairs.as.gov/copy-of-immigration-office-1 | title=Immigration Office, Department of Legal Affairs of American Samoa}}

Nationals of Canada, Marshall Islands, Micronesia, Palau, and countries in the U.S. Visa Waiver Program (except Qatar) may visit American Samoa for up to 30 days without an entry permit. However, if arriving by air, they must apply online for an electronic authorization called "OK Board", at least 3 business days before travel, for a fee of 40 USD.{{cite web | url=https://www.legalaffairs.as.gov/copy-of-entry-permit-waiver-program | title=Entry Permit Waiver Program}}, Department of Legal Affairs of American Samoa. Nationals of Samoa may also apply for a similar electronic authorization to visit American Samoa for up to 10 days, for a fee of 10 USD.[https://www.legalaffairs.as.gov/permit-waiver-10 Entry Permit Waiver Program (PW10)], Department of Legal Affairs of American Samoa.

Nationals of other countries need an entry permit, which must be requested by a local sponsor at the Immigration Office of the Department of Legal Affairs of American Samoa.[https://www.legalaffairs.as.gov/30-day-permit-info 30-day permit], Department of Legal Affairs of American Samoa.

[[File:US visa refusal rate.png|600px|thumbnail|

To qualify for the Visa Waiver Program, a country must have had a visa refusal rate of less than 3% for the previous year. This refusal rate is based on applications for B visas, for tourism and business purposes. B visas are adjudicated based on applicant interviews, which generally last between 60 and 90 seconds.{{cite web|title=Shortcuts to Immigration|date=January 2003|url=http://www.cis.org/TemporaryVisaProgram-Broken|publisher=Center for Immigration Studies|access-date=October 10, 2013 |last1=Vaughan |first1=Jessica M. }}

The table below shows the overstay rate, which is the portion of visitors arriving under the Visa Waiver Program who remained in the United States longer than the maximum allowed stay of 90 days. Some of these visitors later left the United States or legalized their immigration status.{{cite web |title=Entry/Exit Overstay Report |url=https://www.dhs.gov/publication/entryexit-overstay-report |publisher=U.S. Department of Homeland Security}}

Separate from the Visa Waiver Program, {{USCSub|8|1182|d|4|B}} permits the Attorney General and the Secretary of State (acting jointly) to waive visa requirements for admission to the United States in nonimmigrant status for nationals of foreign contiguous territories or adjacent islands or for residents of those territories or islands who have a common nationality with those nationals. The regulations relating to such admissions can be found at {{USCFR|8|212|1}}.{{cite journal | url=https://www.federalregister.gov/articles/2003/01/31/03-2164/removal-of-visa-and-passport-waiver-for-certain-permanent-residents-of-canada-and-bermuda | title=Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda | journal=Federal Register | volume=68 | page=5190 | date=January 31, 2003 | access-date=October 28, 2013}}

Under this provision, nationals of the following jurisdictions may travel to the United States without a visa:

• {{flag|Bahamas}}{{snd}}Nationals of the Bahamas do not need a visa to travel to the United States if they apply for admission at a U.S. preclearance facility located in the Bahamas. Applicants 14 years of age or older must present a certificate issued by the Royal Bahamas Police Force indicating no criminal record.[http://www.ecfr.gov/cgi-bin/text-idx?node=se8.1.212_11 8 CFR 212.1 Documentary requirements for nonimmigrants], United States Government Publishing Office, January 21, 2021.[https://help.cbp.gov/s/article/Article-1250?language=en_US Bahamian citizen document requirements], U.S. Customs and Border Protection, December 10, 2019.
• {{flag|Bermuda}}{{snd}}British Overseas Territories citizens of Bermuda do not need a visa to visit the United States under most circumstances for up to 180 days.
• {{flag|British Virgin Islands}}{{snd}}British Overseas Territories citizens of the British Virgin Islands may travel without a visa to the U.S. Virgin Islands. They may also continue travel to other parts of the United States if they present a certificate issued by the Royal Virgin Islands Police Force indicating no criminal record.
• {{flag|Canada}}{{snd}}Canadian citizens do not need a visa to visit the United States under most circumstances.{{cite web | url=https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html | title=Citizens of Canada and Bermuda | access-date=January 24, 2021 | publisher=U.S. Department of State}} In addition, under the USMCA (and earlier NAFTA), they may obtain authorization to work under a simplified procedure.
• {{flag|Cayman Islands}}{{snd}}British Overseas Territories citizens of the Cayman Islands do not need a visa if they travel directly from the territory to the United States and present a certificate issued by the Royal Cayman Islands Police Service indicating no criminal record.
• {{flag|Mexico}}{{snd}}Some nationals of Mexico do not need a visa to travel to the United States: government officials not permanently assigned to the United States and their accompanying family members, holding diplomatic or official passports, for stays of up to six months; members of the Kickapoo tribes of Texas or Oklahoma, holding Form I-872, American Indian Card; and crew members of Mexican airlines operating in the United States. Other nationals of Mexico may travel to the United States with a Border Crossing Card, which functions as a visa and has similar requirements.[https://travel.state.gov/content/travel/en/us-visas/tourism-visit/border-crossing-card.html Border Crossing Card], U.S. Department of State. Under the USMCA (and earlier NAFTA), they may also obtain authorization to work under a simplified procedure.
• {{flag|Turks and Caicos Islands}}{{snd}}British Overseas Territories citizens of the Turks and Caicos Islands do not need a visa if they travel directly from the territory to the United States and present a certificate issued by the Royal Turks and Caicos Islands Police Force indicating no criminal record.

Restrictions on the use of the Visa Waiver Program do not affect this class of travelers unless separately provided for by statute or regulation. For example, a Canadian citizen who has briefly overstayed a previous visit to the United States (by less than 180 days) will still not require a visa for future visits, while a VWP national who overstays will become ineligible for the VWP for life and will need a visa for future visits. ESTA is not required from British Overseas Territories citizens using one of the above waivers with the respective territory's passport, but it is required if they use the VWP with a British citizen passport.

Until 2003, this visa waiver was granted not only to nationals of those countries and territories, but also to permanent residents of Bermuda and Canada who were nationals of countries in the Commonwealth of Nations or Ireland.

Under Compacts of Free Association, citizens of the following countries may enter, reside, study and work in the United States indefinitely without a visa. These benefits are granted to citizens from birth or independence, and to naturalized citizens who have resided in the respective country for at least five years, excluding those who acquired citizenship by investment.[https://www.uscis.gov/sites/default/files/document/fact-sheets/FactSheet-Status_of_Citizens_of_Micronesia_Marshalls_Islands.pdf Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands], U.S. Citizenship and Immigration Services, October 29, 2019.[https://www.uscis.gov/sites/default/files/document/fact-sheets/FactSheet-Status_of_Citizens_of_Palau.pdf Status of Citizens of the Republic of Palau], U.S. Citizenship and Immigration Services, October 29, 2019.

{{Portal|United States}}

• Electronic System for Travel Authorization (ESTA)
• Visa policy of the United States
• US-VISIT
• Western Hemisphere Travel Initiative

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{{reflist|colwidth=30em}}

• [https://web.archive.org/web/20150905101452/http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html Visa Waiver Program], Bureau of Consular Affairs, U.S. Department of State.
• [http://www.cbp.gov/travel/international-visitors/visa-waiver-program Visa Waiver Program], U.S. Customs and Border Protection.
• [https://esta.cbp.dhs.gov Electronic System for Travel Authorization (ESTA)]
• [https://www.dhs.gov/visa-waiver-program-passport-requirements-timeline Visa Waiver Program: Passport Requirements Timeline], Department of Homeland Security.
• [https://web.archive.org/web/20161120084837/https://www.cbp.gov/sites/default/files/assets/documents/2016-Jun/Signatory%20VWP%20Carriers%28June%202016%292.pdf VWP Signatory Carriers list as of 1 June 2016], US Customs & Border Protections.
• [https://fas.org/sgp/crs/homesec/RL32221.pdf Visa Waiver Program], Congressional Research Service.

{{United States visas}}

{{Visa policy by country}}

{{Visa Requirements}}

{{Immigration to the United States}}

{{authority control}}

Category:Visa policy of the United States

Category:United States Department of Homeland Security