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US Visa Waiver Travel: Entry Requirements

US Visa Waiver Travel: Entry Requirements

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.


Do you qualify for visa-free travel to the US?

To qualify for the VWP, you will need to meet the following requirements.


You are a 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:

  • Andorra
  • Australia
  • Austria
  • Belgium
  • Brunei
  • Chile
  • Croatia
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Monaco
  • Netherlands
  • New Zealand
  • Norway
  • Poland
  • Portugal
  • 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.

2. 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.


 3. 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:


Applying for ESTA to travel visa-free

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 and pay the requisite application fees. The form will ask you to provide information on areas such as travel history. Each traveller will require individual ESTA approval, including minors.

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 approval 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 rejected, 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.


US visa waiver FAQs

Who qualifies for US Visa Waiver Program?

You must have a passport from a participating Visa Waiver Program country and you will be staying in the United States for no more than 90 days for business or tourism purposes.


How much does a US visa waiver cost?

It costs $21 per applicant to make an ESTA application for visa-free travel to the USA.


Is UK a visa waiver country for USA?

Yes, the UK participates in the US Visa Waiver Program.


How much is an ESTA for UK citizen?

UK citizens have to pay $21 to apply for ESTA.

This article does not constitute direct legal advice and is for informational purposes only.


Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law (AILA) and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with both US and UK operations to meet their workforce needs through corporate immigration.

Nita successfully acts for corporations and professionals, entrepreneurs, artists, actors, and athletes from across the globe, providing expert guidance on all aspects of US visa and nationality applications, and talent mobility to the USA.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

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