Visa Waiver Program (VWP) | Practical Law

Visa Waiver Program (VWP) | Practical Law

Visa Waiver Program (VWP)

Visa Waiver Program (VWP)

Practical Law Glossary Item 5-518-4416 (Approx. 3 pages)

Glossary

Visa Waiver Program (VWP)

A program allowing citizens of authorized countries to travel to the US for limited business or tourist purposes without obtaining a visa.
To be eligible to enter the US under the VWP, the traveler must:
  • Be a citizen of a country authorized by the US to participate. For a list of participating countries, see the Department of State's website.
  • Apply for and receive Electronic System for Travel Authorization (ESTA) authorization. ESTA authorization may not be granted if the traveller:
    • was convicted of certain crimes;
    • was refused a visa by a US consular officer;
    • violated US immigration laws; or
    • has a restricted communicable disease or disorder or is a drug abuser.
  • Have a machine-readable passport (MRP) that meets certain criteria. For detailed information, see the questions about MRP and e-passport's on the Department of Homeland Security's website.
  • Plan to remain in the US for 90 days or less. If the traveler wishes to stay in the US for more than 90 days, he must obtain a visa.
  • Enter the US for tourism or temporary business. VWP entrants may not perform employment for remuneration in the US. For more information on the activities that may be performed as a temporary visitor or in other nonimmigrant visa categories, see Key Nonimmigrant Visa Classifications Chart.
  • Demonstrate on entry to the US that he has sufficient funds to support himself for the trip's duration.
Statutory authority for the VWP is found in the Immigration and Nationality Act (INA § 217 (8 U.S.C. § 1187)).