Reminder – Upcoming Changes to US Visa Waiver Program

As mentioned in an earlier post, an additional seven member countries have joined the US Visa Waiver Program. The eligible nationals are required to register through ESTA at least 72 hours prior to traveling. 

In the coming weeks and months, a number of changes will be made to the Visa Waiver Program (VWP). On Monday, November 17, the Department of Homeland Security is scheduled to officially announce that the VWP will be expanded to include an additional seven member countries – the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic. Starting on January 12, 2009, all VWP travelers will be required to obtain advance travel authorization by registering in the Electronic System for Travel Authorization (ESTA) at least 72 hours before travel.

Procedures for New Visa Waiver Program Member Countries

Starting November 17, 2008, eligible nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic will be able to travel to the United States visa-free under the VWP. To travel under the VWP, nationals of these countries will be required to present an “ePassport” containing a digital photograph printed on the passport data page or an integrated chip containing information from the passport’s data page. (Note that nationals of pre-expansion VWP countries may be subject to different passport requirements, depending on the date their passport was issued.)

In addition, nationals of the new Visa Waiver Program member countries will be required to register through ESTA at least 72 hours before traveling, starting on November 17. More information concerning the ESTA process is provided below.

ESTA Registration for Pre-Expansion VWP Member Countries

Earlier this year, the Department of Homeland Security introduced the Electronic System for Travel Authorization, an online mechanism through which Visa Waiver Program travelers will be required to register for travel clearance before boarding a carrier bound for the United States. ESTA will become mandatory for most VWP travelers on January 12, 2009. As of that date, they will be required to use the online system to obtain advance approval to travel at least 72 hours before departing for the United States. The ESTA approval will allow a traveler to board a carrier for travel to the United States under the VWP, but will not guarantee admission to the United States. VWP travelers will still be inspected at ports of entry.

Under the new system, a Visa Waiver Program traveler will submit an online application at https://esta.cbp.dhs.gov/, providing his or her biographic and passport information and information about his or her basic eligibility to use the VWP, such as previous arrests and convictions, communicable diseases, and previous visa denials. It is also requested that the traveler provide his or her U.S. destination, flight information, and other travel details, but such information is not mandatory. If a VWP traveler chooses to submit travel plans, he or she can do so at any time prior to travel – such information does not have to be submitted during the initial registration. Individuals do not have to re-register through ESTA for each trip. Once granted, ESTA travel authorization remains valid for two years or until the individual’s passport expires, whichever occurs first. Individuals may submit updated travel plans for each trip during that validity period, but doing so is not required.

At the present time, VWP travelers may now register through ESTA voluntarily. While ESTA authorization will not become mandatory for most VWP travelers until January 12, individuals who are planning on traveling to the United States under the VWP in the early part of 2009 should consider registering well in advance of their travel plans. As January 12 approaches, there may be a surge of ESTA applications, which could cause delays in travel authorizations.