U.S. Visa Waiver Program Updates for Business Visitors and Tourists:

New Mandatory Electronic Pre-Travel Authorization and

Addition of New Countries

The United States Visa Waiver Program (VWP) currently allows individuals from 27 countries to visit the U.S. for business or pleasure for a maximum stay of 90 days without obtaining a visa or pre-authorization from a U.S. Embassy prior to entry to the U.S. Travel under the VWP is limited in duration, as well as activity; no hands-on, productive work or employment is permitted while in the U.S. under a VWP entry - even during a business visitor admission. The current list of VWP-eligible countries includes most western European nations and others such as Japan, Singapore, Australia and New Zealand. However, beginning January 12, 2009, individuals traveling under the VWP will be required to apply for and obtain pre-travel authorization prior to departing for the U.S. through an online Electronic System for Travel Authorization (ESTA).

Under this new requirement, all individuals seeking to enter the U.S. under the VWP must apply for travel authorization in advance of their trip through the Department of Homeland Security's new online system, ESTA. This requirement applies to all travelers, regardless of age. It is recommended that travelers submit an electronic application up to 72 hours in advance of travel, although it is anticipated that the system will be able to accommodate last-minute travel plans. The application requires travelers to input biographical and eligibility information currently required on the paper I-94W form completed upon entry to the U.S. The government anticipates most applications will be approved immediately, however some may take longer to process. An approved ESTA travel authorization will be valid for multiple entries into the U.S. up to a two-year period, or until the traveler's passport expires, whichever comes first. If the online application is not approved, travelers will be required to apply for a U.S. visa with the embassy in order to enter the U.S.

This new electronic, pre-travel authorization requirement for VWP travelers is mandated by the 9/11 Commission Act of 2007, which required the Department of Homeland Security to develop an automated system to determine the eligibility of VWP travelers to the U.S. in advance of their travel and ensure that such visitors do not pose a law enforcement or security risk. Currently such information is obtained only after arrival into the U.S.

In addition to the new electronic pre-travel authorization requirement for the VWP, President Bush recently announced that seven new countries have been added to the VWP. They include Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and South Korea. Individuals from these countries will now be able to enjoy travel to the U.S. without obtaining a visa (but will also be subject to the new ESTA requirements described above). There are also plans to add additional countries in the future, including Bulgaria, Cyprus, Greece, Malta, Poland and Romania, which are currently in the "visa waiver road map" process with the U.S. government.

Please share these new developments with your international and other world-wide employees. Please feel free to contact a member of the immigration group with any questions regarding how these changes may affect future travel for your employees or any other immigration-related needs.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.