If you are a national of a US visa waiver country, you may be eligible to travel to the US without the need to secure a visa.
Under the US Visa Waiver Program (VWP), citizens of visa waiver nations are permitted visa-free entry to the US for up to 90 days for tourist or business-related purposes, or for transit, provided they meet certain conditions.
It is important to ensure eligibility before traveling and to use ESTA only for permitted purposes, such as tourism, short-term business, or transit through the United States. Relying on the VWP without understanding its restrictions can lead to denied boarding or removal at the border.
What is the US Visa Waiver?
The US Visa Waiver Program (VWP) allows citizens of approved countries to travel to the United States for tourism or business for up to 90 days without needing a visa. Instead of applying through a consulate, travelers must complete an online application for authorization through the Electronic System for Travel Authorization (ESTA) before departure.
Travelers using the VWP must hold a valid e-passport and receive ESTA approval in advance. ESTA approvals are generally valid for two years or until the passport expires, whichever comes first.
Although the process is faster than a traditional visa application, there are important limits. Entry under the VWP cannot be extended or changed to another status while inside the US. Individuals denied entry or previously overstayed a US visa are also not eligible. Travelers with past arrests, immigration violations or certain health issues may also be refused ESTA and must instead apply for a visa.
Do you qualify for visa-free travel to the US?
To qualify for the VWP, you will need to meet the following requirements.
Visa Waiver national
If you are national of a VWP country, you meet the first requirement for visa-free travel.
Only certain countries from across the globe currently participate in the US visa waiver program. The visa waiver countries at the time of publication are:
Visa Waiver Program Countries (2025) | ||
---|---|---|
Andorra | Australia | Austria |
Belgium | Brunei | Chile |
Croatia | Czech Republic | Denmark |
Estonia | Finland | France |
Germany | Greece | Hungary |
Iceland | Ireland | Israel |
Italy | Japan | Latvia |
Liechtenstein | Lithuania | Luxembourg |
Malta | Monaco | Netherlands |
New Zealand | Norway | Poland |
Portugal | Qatar | San Marino |
Singapore | Slovakia | Slovenia |
South Korea | Spain | Sweden |
Switzerland | Taiwan* | United Kingdom** |
The list is subject to change, and you are advised to confirm your country’s participation at the time of your travel.
Short term stay
The VWP does restrict the length of time you can stay in the US. If you enter the US visa-free, you can stay for up to a maximum of 90 days.
If your plans require a longer stay, you will need to look at applying for a visa that permits you to do so.
Allowable activities
Travelling under the VWP does restrict the type of activity you are permitted to undertake while in the US.
Permissible activities include short-term (as above – up to 90 days) tourism and business-related purposes, medical visits and transit.
Activities which would not be permitted under the VWP include business travel and tourism for stays of more than 90 day, studying and gainful employment.
While some business activities may be permitted, such as job seeking or attending a business conference, you may not enter the US under the VWP to do a job. If you are looking to come to the US for work in any of the following capacities, you would need to apply for the appropriate visa:
- Temporary workers
- Intra-company transfers
- Treaty traders
- Performers and artists
- Content creators and online influencers
- Representatives of the foreign media who will work in their profession as media or journalists while in the US
- Interns
- Exchange visitors
Applying under the US visa waiver program
If you satisfy the above criteria, the next step will be to apply for ESTA (‘Electronic System for Travel Authorization’) approval prior to your date of travel.
ESTA approval is a security pre-screening application. You will need to complete an online application form, or use the official app, and pay the application fee, which is $21 per applicant.
Each traveller will require individual ESTA approval, including minors.
The form will ask you to provide information on areas such as travel history and to answer the eligibility questions.
You should apply for ESTA at least 72 hours before your intended time of travel. You must hold an approved ESTA at the point of travel to the US, by air or sea. If you enter the US by land from Mexico or Canada, ESTA is not required, but entry will be expedited if you have ESTA. If you do not have ESTA, you will be required to complete form I-94W at the land border.
To enter the US under the VWP, you must have a valid e-passport with at least 6 months before it expires. You will also need to have a return or onward ticket for your travel. VWP travel is not allowed to end in any country sharing a border with the US or an adjacent island unless you are a resident of one of these territories.
Travel restrictions affecting VWP travelers have become more stringent in recent years, and it will be important to confirm your eligibility and ensure ESTA authorization is in place before you travel to the US.
A failed ESTA application means you cannot travel under the VWP, and you will be required to apply for the appropriate nonimmigrant US visa.
For example, you will usually not be eligible for ESTA authorization if you overstayed on a previous Visa Waiver Program visit.
Entry into the US
Having travel authorization does not guarantee you entry to the US, you will need to prove you are eligible under the visa waiver program at border control and will be inspected by a Customs and Border Protection Officer. This officer will determine if you are eligible to enter the US under the visa waiver program.
With ESTA authorization, you will continue to be subject to admissibility checks after the ESTA has been approved. This means you will not necessarily be granted admission to the US at the port of entry, for example if you fail a subsequent immigration check.
Traveling under the visa waiver program means that you waive your right to appeal should entry be denied upon entry to the US. You also cannot appeal if you break the terms and conditions of your admission and are removed from the US.
Note that travel authorization is not a visa, if you have a relevant visa, you do not need to apply for additional travel authorization.
How long does ESTA last?
An approved ESTA is valid for two years after approval or on the date of your passport’s expiry, whichever is the earlier date.
It would usually not be a problem if your ESTA expires prior to you leaving the US, as ESTA approval is required to enter the US.
This is however provided your details all remain the same and there are no changes to any of the questions in the ESTA application. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to update your ESTA travel authorization.
You may enter the US multiple times on the same ESTA as long as you do not stay longer than 90 days each time. The 90 days begin the day you arrive in the US.
What if your ESTA application is refused?
If you are not eligible for the VWP, or your ESTA application is not successful, you will need to apply for the relevant nonimmigrant visa prior to travel. For example, are you eligible to apply for the B1 or B2 tourist visas? If you are not eligible by reason of a criminal conviction, you may also need to look at applying for a waiver of inadmissibility as well as an appropriate visa.
It is advisable to seek legal counsel to ensure you are applying for the correct travel documents to ensure entry to the US for your specific purpose.
What if you have a criminal record?
If you have been arrested, cautioned or convicted of a crime anywhere in the world, you will need to declare this on your ESTA application. This is true of spent convictions as well. Failure to declare constitutes visa fraud and is likely to impact future US visa applications.
Take professional advice on your immigration options, as you may still be able to travel to the US by applying for a visa and making a separate application for a waiver of inadmissibility.
Need assistance?
For expert guidance on US entry requirements and the permission you need to travel to the US – such as applying for ESTA for a visa waiver – contact us. We have extensive experience in helping individuals with more complex circumstances, such as past criminal records and previous immigration violations, or those who are simply not eligible for a visa waiver under the increasingly strict eligibility requirements, by making visa and inadmissibility waiver applications.
US visa waiver FAQs
What is the US Visa Waiver Program?
It allows citizens of certain countries to travel to the US for tourism or business for up to 90 days without a visa.
Do I need to apply for anything before traveling under the Visa Waiver Program?
You must obtain travel authorization through the Electronic System for Travel Authorization, known as ESTA.
How long is ESTA valid?
ESTA is valid for two years or until your passport expires, whichever comes first.
Can I work in the US under the Visa Waiver Program?
Employment is not permitted under the Visa Waiver Program, even with an approved ESTA.
Can I extend my stay beyond 90 days?
Extensions or changes of status are not allowed under the Visa Waiver Program.
What happens if my ESTA is denied?
You will need to apply for a B-1 or B-2 visitor visa at a US embassy or consulate.
Can I apply for a green card while in the US on ESTA?
In most cases, no. You cannot adjust status from within the US under the Visa Waiver Program.
Is ESTA required for children and infants?
Yes. All travelers, regardless of age, must have an approved ESTA to enter the US under the Visa Waiver Program.
Can I enter the US multiple times on the same ESTA?
Multiple entries are allowed as long as the ESTA is valid and each stay does not exceed 90 days.
Which countries are part of the US Visa Waiver Program?
There are over 40 countries currently participating. You can find the full list on the US government travel website.
Glossary
Term | Definition |
---|---|
Visa Waiver Program (VWP) | A program that allows citizens of designated countries to travel to the US for up to 90 days without a visa. |
ESTA | Electronic System for Travel Authorization. Required for travelers entering the US under the Visa Waiver Program. |
B-1 Visa | A visa for temporary business visitors who do not qualify for the Visa Waiver Program or who have been denied ESTA. |
B-2 Visa | A visa for temporary tourism or medical visits to the US for individuals not eligible for the Visa Waiver Program. |
e-Passport | A passport with an embedded electronic chip that is required for ESTA approval under the Visa Waiver Program. |
Inadmissible | A legal term used for someone who is not permitted to enter the US due to immigration violations or other factors. |
Customs and Border Protection (CBP) | The agency responsible for admitting travelers at US ports of entry and enforcing immigration laws at the border. |
Port of Entry | The location where a traveler arrives in the US and is inspected by immigration officials for admission. |
Overstay | The act of remaining in the US longer than the time allowed under a visa or the Visa Waiver Program. |
Entry Ban | A penalty that may prevent future travel to the US, often issued to individuals who overstay or violate immigration terms. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/