What Is the Visa Waiver Program?

The Visa Waiver Program (VWP) allows citizens of certain countries to travel to the United States for tourism or business for up to 90 days without obtaining a visa. This program simplifies short-term travel and promotes stronger diplomatic and economic ties between the U.S. and participating countries.

Not every country qualifies for participation in the Visa Waiver Program, however. The VWP is run by the Department of Homeland Security in consultation with the Department of State. International exchange is only possible when foreign countries offer similar benefits to US citizens who travel within their borders. Additionally, countries must be vetted by both DHS and the Department of State, and which countries qualify is subject to change. 

The Visa Waiver Program is popular with tourists visiting the US, but it has its limitations and drawbacks for those intending to stay for longer periods, apply to change their status later on, or conduct certain kinds of business during their trip. Find out if you may qualify for the Visa Waiver Program with help from Brown Immigration Law.

Who Can Apply for a Waiver?

Eligible foreign citizens and nationals can travel for either business or pleasure in order to qualify for the US Visa Waiver Program. If you are a citizen of any of the following countries, you may be able to apply for a waiver as long as your stay within the United States is less than 90 days. Participating countries currently include:

Is It Hard to Get a US Entry Waiver?

If you meet the requirements for the Visa Waiver Program (VWP) under immigration law, it is usually not difficult to enter the United States. You will need to have a valid Electronic System for Travel Authorization (ESTA) portal and receive approval from US Customs and Border Protection prior to your flight. ESTA approval allows for your legal entry as a visitor under the VWP, and must be arranged in advance of your travel. 

You will need to provide:

• A valid passport from a qualified VWP country
• Your name and any aliases
• Your national ID or personal ID number, if applicable
• Your Global Entry/NEXUS/SENTRI ID, if applicable
• Your email address
• Your home address
• Your phone number
• Your emergency contact information
• Application fee

You may also be asked to provide your employer’s address and phone number, in some cases.

For citizens of countries that were formerly eligible for the VWP, but are no longer after the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, you will need to make an appointment at a US Embassy or Consulate. 

Is the Visa Waiver Program a Better Option Than a B1/B2 Visa?

Both the Visa Waiver Program (VWP) and the B1/B2 visa let people visit the United States for business or tourism, but they have different rules and benefits. The VWP is usually faster and easier to apply for. If you’re from a country that qualifies, you can apply online through the Electronic System for Travel Authorization (ESTA). Many people get approval within 72 hours. But there are limits—you can only stay in the U.S. for up to 90 days, and the ESTA approval is valid for 2 years (or until your passport expires).

By contrast, B1 and B2 visa holders can be admitted to the United States for up to six months. Additionally, these visas are valid for longer periods of time, generally at least 10 years (although they may be shortened at the discretion of the US visa officer at the Consulate). B1/B2 visas are more expensive to obtain than entry through VWP, and involve an application through the US embassy or consulate in the petitioner’s country of origin. Finally, you may be asked to demonstrate ties to your home country as well as illustrate your intent to leave after your visit in order to be issued a B1/B2 visa if you travel for business or pleasure. However, you can also expect to receive additional flexibility when it comes to conducting business in the US under a B1/B2 visa, as well as receiving medical treatment, attending conferences, visiting friends and relatives, extending your stay, and more.

How Much Is the Visa Waiver Fee?

The application fee for the Visa Waiver Program is currently $21 USD.

Which Passport Do I Need to Enter Under the Visa Waiver Program?

You must have a passport from a currently participating country under the Visa Waiver Program. Additionally, if traveling from certain countries under the VWP, you must have unrestricted right of permanent abode there. For instance, to enter the US under VWP from The United Kingdom, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.

Can I Extend My Visit If I Entered Under the Waiver Program?

No. Entering the United States under the Visa Waiver Program comes with the understood limitation that you will need to leave by or before the date on your entry stamp. Visa extension is only possible when you enter the US with a valid non-immigrant visa, not under the VWP. If you have questions about this process, or if you are planning on extending your stay as a visitor to the United States, schedule a consultation with an immigration attorney from Brown Immigration Law. We can help.

Can I Change My Status If I Came to America Under a Visa Waiver?

Changing your status is possible in some circumstances for visitors to the United States. For those who have applied for a B1/B2 visa, you may be able to apply to change your status. However, a change or extension of status after entry on Visa Waiver is restricted and only possible under very limited circumstances. If you need help with Tampa and Orlando B2 visas, Brown Immigration Law is available today for a consultation.

Need Help With the Visa Waiver Program? Brown Immigration Law Is Here

If you’re unsure whether the Visa Waiver Program is right for your travel plans, have overstayed a prior visit, or are encountering issues with ESTA or other immigration documentation, Brown Immigration Law is here to help. We are available by phone at 888-861-4414, through our contact form, and at our five office locations in Cleveland, Columbus, North Carolina, Tampa, and Orlando.