Visa Waiver Program (VWP)
Overview
What is the Visa Waiver Program?
The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism, business or transiting the U.S. for 90 days or less without obtaining a U.S. visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas.
VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. Korean VWP travelers will be screened prior to admission into the U.S. by the Electronic System for Travel Authorization (ESTA), and then are enrolled in the Department of Homeland Security’s US-VISIT program.
What countries are participants in the VWP?
Citizens of the following countries: citizens of the Republic of Korea, Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom may travel visa free under the Visa Waiver Program.
Who is eligible to travel visa free?
Effective November 17, 2008, Koreans may use the VWP if they have a qualifying, individual e-Passport with an electronic chip and are:
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traveling for business, pleasure or transit only
(Note: Representatives of the foreign press, radio, film or other information media require a nonimmigrant media visa (i.e. I visa) and cannot travel to the U.S. on the VWP.); -
staying in the U.S., Mexico or Canada for 90 days or less (Note: The period of stay will commence on entry from Canada, Mexico or the U.S.);
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given clearance to travel to the U.S. by the ESTA;
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holding a valid return or onward, non-transferable airline ticket on an authorized carrier, if entering the U.S. by air. If traveling on an electronic ticket, a copy of the itinerary must be carried for presentation to U.S. immigration at the port of entry
(Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of those areas); and -
entering the U.S. aboard an air or sea carrier that has agreed to participate in the program
(Note: Privately-owned or official aircraft or vessels which have not entered into an agreement with the Department of Homeland Security (DHS) do not meet this requirement. Travelers must apply for visas to enter the U.S. on privately-owned aircraft or vessels. See the approved carriers list- copies of carrier lists may be requested from the Department of Homeland Security’s National Fines Office at 1525 Wilson Blvd., Arlington, VA. 22209).
When does a national of a VWP country need a visa?
Some travelers are not eligible by law to enter the U.S. using the VWP. These include people who:
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want to remain in the U.S. for longer than 90 days or wish to change status (e.g. from tourism to student) once in the U.S.;
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have received a reply from the ESTA indicating they should apply for a visa;
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do not have a qualifying, individual e-Passport (with chip);
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have been afflicted with a serious communicable disease or who are drug abusers or addicts;
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want to work or study in the U.S., want to come to the U.S. for other purposes not allowed on a visitor visa, or intend to immigrate to the U.S.;
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have a criminal record (e.g. have been arrested or convicted of a crime in the U.S. or another country);
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have participated in the persecution of any person under the control of the Nazi Government of Germany;
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have ever been a member or representative of a terrorist organization;
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have been previously denied a visa;
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have been previously excluded or deported from the U.S.;
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have previously violated their status while using the VWP;
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have overstayed a visa while in the U.S. for whatever reason;
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have been denied entry to the U.S. by U.S. immigration officers, or have been unlawfully present in the U.S. previously.
Such travelers must apply for visas. Persons in any of these categories who attempt to travel visa-free may be refused entry into the U.S. If any of these conditions apply to you, please plan to apply for a visa before making your travel arrangements.
Frequently Asked Questions (FAQs)
What is the ESTA system?
The ESTA is an Internet-based application that will verify a potential visitor's eligibility to travel to the U.S. under the terms of the VWP. Travelers will input, into the ESTA, information that is largely the same as that collected via the I-94W Nonimmigrant Alien Arrival/Departure Form, already required for admission to the U.S. A valid ESTA (which takes the form of a positive response from the system) must be received prior to boarding a carrier en route to the U.S.
What is an e-Passport?
e-Passports feature a radio frequency identification chip, which can store and retrieve data, providing for a more secure passport which allows customs agents to electronically access personal data usually found on the inside of previous versions of passports.
What if I already possess a visa?
Individuals in possession of a valid visa will still be able to travel to the U.S. on the visa for the purpose it was issued. Additionally, individuals traveling on valid visas will not be required to apply for permission to travel via the ESTA.
What should I know about e-Passports and family travel?
Families seeking to enter the U.S. under the VWP need to obtain an individual e-Passport for each traveler, including infants.
If I pay the MRV fee and later decide that I want to use the VWP instead of applying for a visa, can I have my money refunded?
No, The MRV fee is non-refundable.
What is the advantage of using the VWP?
The advantage of entering the U.S. under the VWP is that tourists and people wishing to conduct business in America can travel to the U.S. without taking the time to obtain a visa, unless they are otherwise inadmissible.
What are the disadvantages of using the VWP?
If you are admitted to the U.S. under the VWP, you may not change or extend your nonimmigrant status. If your admission is denied, you have no right to administrative or judicial review. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order; therefore, before using the VWP, you should carefully consider your options.
How do I transit through the U.S. on the VWP?
Travelers who qualify for visa free travel under the VWP are eligible to transit the U.S. If transiting the U.S. to a destination in Canada, Mexico or the adjacent islands, the traveler may reenter the U.S. on the return journey using any mode of transport as long as the total visit, including both periods of time spent in transit and in Canada, Mexico or the adjacent islands, does not exceed 90 days. If, for example, you are transiting to the U.S. on the way to a 6-month stay in Canada, you cannot use the VWP because your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a visitor (B1/B2) visa or a transit (C) visa.
If transiting to a destination outside of Canada, Mexico or the adjacent islands, the return journey must be on a participating carrier, but need not be within 90 days, as the traveler will be required to make a new application for admission and therefore, required to complete a new arrival/departure form, I-94W. Travelers transiting through the U.S. to take up residence in Mexico, Canada, Bermuda, or the Caribbeans Islands must be legal permanent residents of these areas.
What Islands Are Included Within the Meaning of Adjacent Islands?
The term "adjacent islands" is defined in Section 101(b)(5) of the Act and for the purposes of the VWP includes:
Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, Dominican Republic. Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint-Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent, Grenadines, Trinidad, Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.
If I travel to Canada or Mexico, can I reenter the U.S on the VWP and, if so, does the 90 day period of stay start again?
Travelers who have been admitted to the U.S. under the VWP and who make a short trip to Canada, Mexico or an adjacent island generally will be readmitted to the U.S. under the VWP for the original admission period. They do not, however, get a new 90 day admission period.
I am a student who holds a passport of a VWP country studying in Canada. Can I use the VWP to visit the U.S. from Canada and thereafter return to Canada to resume my studies?
Yes. If you meet all VWP travel requirements and you are found to be a bona-fide visitor for tourism or business, you may apply for entry to the U.S. using the VWP from Canada. If you are not transiting, any rules concerning transit would not apply since you will be traveling from your current abode to the U.S. and back to your abode. Please note the final determination on permission to enter will be made by DHS officers at the port of entry.
What if I enter the U.S. on the VWP and decide I want to stay longer than 90 days?
The VWP is not available for individuals who want to remain in the U.S. more than 90 days. The 90 day period of admission is not extendable. Travelers who fall into these categories need visas. If a U.S. immigration officer believes that a visa-free traveler is going to study or work or stay longer than 90 days, the officer will refuse to admit the traveler. No appeal is possible.
What if I enter the U.S. on the VWP and find that I need to transfer to another type of visa without leaving the U.S.?
No. You cannot transfer from the VWP to any other type of visa and you cannot extend the VWP 90 day admission period. You must leave the U.S., Canada, Mexico and adjacent islands within the VWP’s 90 day admission period and either apply for a visa relevant to your new situation.
Can I travel to the U.S. on the VWP if I am a journalist traveling for work?
Foreign media representatives planning to engage in that vocation in the U.S. are not eligible, as the purpose for their stay does not qualify as “business”. These professionals must obtain a nonimmigrant media visa (i.e. I visa).
What should I do if I overstayed in the U.S. on a previously issued visa?
You must apply for a new visa.
Can I still use the VWP if I have been refused a visa?
A visa denial for any reason could result in denial of an authorization via ESTA, additional questioning at the port of entry, or denial of admission to the United States. Applicants who are uncertain of whether they qualify for VWP travel may choose to apply for a visa.
Can I use the VWP if I was arrested or convicted of a crime in the past?
Anyone convicted of or punished for a crime involving moral turpitude (regardless of how long ago or if the conviction was not recorded) is ineligible for the VWP and must apply for a visa. If there is any doubt regarding the nature of the offense, you must apply for a visa.
The applicant should submit court and/or police records which show the details the arrest or conviction, such as the court date, the type of offense, and the outcome. If the police certificate says “no recordable convictions” but the person has committed a crime, he or she must seek out court documents.
What is a “Participating Carrier”?
To meet the requirements of the VWP when arriving to the U.S. by air or sea, you must travel via a participating/signatory carrier. This is a carrier which has signed an agreement guaranteeing to transport you out of the U.S. if you are found to be inadmissible or deportable. A listing of participating VWP carriers is maintained at FP&F, Attn: Immigration Fines, 1300 Pennsylvania Avenue, Washington, DC 20229, and is available upon request.
Do I have to enter and leave the U.S. on a participating carrier?
No. You are only required to enter the U.S. by a participating/signatory carrier. Your onward or return journey may be by any mode of transport, provided you hold a return or onward ticket.
updated: July 28, 2009