visa waiver program

visa waiver program definition: how it applies in U.S. law, with examples and frequently asked questions.

The Visa Waiver Program (VWP) permits authorized citizens or nationals of participating countries to travel to the United States for tourism or business for up to 90 days without obtaining a visa. Citizens or nationals of VWP countries must meet certain requirements for…

A guide to visa waiver program

The Visa Waiver Program (VWP) permits authorized citizens or nationals of participating countries to travel to the United States for tourism or business for up to 90 days without obtaining a visa. Citizens or nationals of VWP countries must meet certain requirements for travel authorization through Electronic System for Travel Authorization (ESTA) prior to their intended travel without a visa. Otherwise, they must apply for visitor visas (B Visa) to travel. Even if a traveler obtains a visa waiver, they still must possess a valid passport while traveling to the United States. 

Requirements for a visa waiver:

• Travel purpose confirms the purpose of B visas: 
• Visitors intend to travel to the United States for tourism or business-related purposes, conferences, conventions, or vacations, for up to 90 days. 
• Citizens or nationals must be from the following countries or regions: 
• Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, South Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
• If the above citizens already have B visas, they should not apply for any visa waiver, for they can use B visas to travel to the United States.Valid authorizations through ESTA: 

• U.S. Customs and Border Protection (CBP) will determine travel eligibility utilizing the Electronic System for Travel Authorization (ESTA). 
• ESTA authorizations are usually valid for two years. 
• During this period, a traveler must notify ESTA if they: get a new passport; change their name, gender, or citizenship; or of they need to make any other changes/updates related to their ESTA application.Valid passports:

• Passports should be valid for 6 months beyond the intended date of departure from the United States.Steps in the travel authorization application:

• Enter the applicant's personal and travel information.
• Answer eligibility questions.
• Review the application.
• Pay the $40.27 USD fee.Prohibitions:

• Travelers cannot extend their stay in the United States beyond the initial admission period. 
• Travelers cannot change their immigration status while visiting the United States.For additional information, please see:

• https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
• https://www.dhs.gov/visa-waiver-program-requirements
• www.uscis.gov

Why visa waiver program is relevant in U.S. law

visa waiver program appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

When and how visa waiver program applies

In practice, visa waiver program is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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