Editing Visa Waiver Program (section)

==Requirements==
===Passport===
All visitors from VWP countries must hold a [[biometric passport]].<ref>{{cite web | url=https://www.congress.gov/bill/114th-congress/house-bill/158/text|title=Text – H.R.158 – 114th Congress (2015–2016): Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 | last=Miller | first=Candice | date=December 9, 2015 | access-date=February 6, 2017}}</ref>

All travelers must have individual passports. It is not acceptable (for the VWP) for children to be included on a parent's passport.<ref name=":0">{{cite web | url=http://canberra.usembassy.gov/visa_waiver_prog.html | archive-url=https://web.archive.org/web/20120302015254/http://canberra.usembassy.gov/visa_waiver_prog.html|archive-date=March 2, 2012 | title=Visa Waiver Program {{!}} Embassy of the United States Canberra, Australia | date=2012-03-02 | access-date=2020-02-22}}</ref>

In principle, the passport must be valid for six months beyond the expected date of departure from the United States. However, the United States has agreements with a large number of countries to waive this requirement, including all VWP countries except Brunei.<ref>{{cite web | url=https://fam.state.gov/FAM/09FAM/09FAM040309.html#M403_9_3_B_2|title=9 FAM 101.1 INTRODUCTION TO 9 FAM | website=fam.state.gov | access-date=February 6, 2017}}</ref><ref name=":0" />

===Electronic System for Travel Authorization (ESTA)===
[[File:ESTA record.png|thumb|Record of ESTA approval]]
{{main|Electronic System for Travel Authorization}}
All incoming passengers who intend to take advantage of the Visa Waiver Program are required to apply for a travel authorization through the [[Electronic System for Travel Authorization]] (ESTA) online before departure to the United States, preferably at least 72 hours (3 days) in advance. This requirement was announced on June 3, 2008 and is intended to bolster U.S. security by pre-screening participating VWP passengers against terrorist or no-fly lists and databases.<ref>{{cite news | url=https://www.telegraph.co.uk/news/worldnews/northamerica/usa/2067319/US-to-demand-72hrs-notice-for-British-tourists.html | archive-url=https://web.archive.org/web/20080606000754/http://www.telegraph.co.uk/news/worldnews/northamerica/usa/2067319/US-to-demand-72hrs-notice-for-British-tourists.html | archive-date=June 6, 2008 | work=The Daily Telegraph | location=London | title=US to demand 72hrs notice for British tourists | first=Andy | last=Bloxham | date=June 3, 2008 | access-date=May 27, 2010}}</ref> It is similar to Australia's [[Electronic Travel Authority (Australia)|Electronic Travel Authority]] system. The authorization is mandatory for participating VWP nationals before traveling to the United States, but as with formal visas this does not guarantee admission into the United States since final admission eligibility is determined at U.S. ports of entry by [[U.S. Customs and Border Protection|CBP]] officers.

ESTA has an application fee of 4 [[United States dollar|USD]], and if approved, an additional fee of 17 USD is charged, for a total of 21 USD. An approved ESTA is valid for up to two years or until the traveler's passport expires, whichever comes first, and is valid for multiple entries into the United States.{{efn|For nationals of Brunei applying from July 6, 2023, ESTA is valid for one year. For nationals of Hungary applying from August 1, 2023, ESTA is valid for one year and for a single entry to the United States.<ref name=estafaq/>}}<ref name=estafaq>[https://esta.cbp.dhs.gov/faq?lang=en Frequently asked questions], Electronic System for Travel Authorization, U.S. Customs and Border Protection.</ref>

When traveling to the United States by air or sea under the VWP with ESTA, the person must be traveling on a participating commercial carrier and hold a valid return or onward ticket, dated within 90 days.<ref name=":0" /> The VWP does not apply at all (i.e. a visa is required) if a passenger arrives via air or sea on an unapproved carrier. ESTA is also required for travel by land.<ref>[https://www.cbp.gov/newsroom/national-media-release/cbp-expands-esta-requirements-visa-waiver-program-travelers CBP Expands ESTA Requirements for Visa Waiver Program Travelers], U.S. Customs and Border Protection, April 7, 2022.</ref>

===Prior travel or dual nationality in certain countries===
Since 2016, those who have previously been in [[Iran]], [[Iraq]], [[Libya]], [[North Korea]], [[Somalia]], [[Sudan]], [[Syria]] or [[Yemen]] on or after March 1, 2011, or in [[Cuba]] on or after January 12, 2021, or who are [[multiple citizenship|dual nationals]] of Cuba, Iran, Iraq, North Korea, Sudan or Syria, are not eligible to travel under the VWP.<ref name="vwp"/> However, those who traveled to such countries for diplomatic, military, humanitarian, reporting or legitimate business purposes may have this ineligibility waived by the Secretary of Homeland Security.<ref>[https://www.dhs.gov/news/2016/01/21/united-states-begins-implementation-changes-visa-waiver-program United States Begins Implementation of Changes to the Visa Waiver Program], U.S. Department of Homeland Security, January 21, 2016.</ref>

===Other requirements===
Applicants for admission under the Visa Waiver Program:<ref name=":0"/>
* Must have complied with the conditions of all previous admissions to the United States and have not been found ineligible for a U.S. visa.
* Must never have been convicted of, or arrested for, an offense or crime involving [[moral turpitude]]{{efn|There is an exemption in some cases for a single offense committed before age 18 and the crime was committed (and the person released from any confinement to a prison or correctional institution imposed for the crime) more than five years before the date of application for a visa, and also for a single instance if the maximum possible sentence in the United States is one year or less in jail, and less than six months was served. However, these exceptions cannot be applied by the individual as the question on ESTA is specific.}} or a controlled substance, or two or more crimes with a maximum aggregate sentence of five years' imprisonment or more, no matter how long ago. National regulations which normally expunge criminal records after a certain length of time (e.g. the [[Rehabilitation of Offenders Act 1974]] in the UK) do not apply.
* Must not be otherwise inadmissible to the United States, such as on health or national security grounds.
* Must be intending to visit the United States for a purpose of tourism, business or transit.

Applicants should display social and economic ties which bind them to their country of origin or may be refused entry.<ref>[https://travel.state.gov/visa/frvi/denials/denials_1361.html Visa denials] {{Webarchive|url=https://web.archive.org/web/20131222133227/http://www.travel.state.gov/visa/frvi/denials/denials_1361.html |date=December 22, 2013 }} retrieved April 19, 2012</ref>

Having been arrested or convicted does not in itself make a person ineligible to use the Visa Waiver Program. However, some U.S. embassies advise such persons to apply for a tourist visa even though there is no legal obligation to do so.<ref name=":0"/>

Those who do not meet the requirements for the Visa Waiver Program must obtain a U.S. visitor visa from a U.S. embassy or consulate.<ref name=":0"/>

===Restrictions===
Visitors under the VWP may stay for up to 90 days in the United States and cannot request an extension of the original allowed period of stay<ref name=":0"/> (this practice is allowed to those holding regular visas).<ref>{{Cite web|url=https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor|title=B-1 Temporary Business Visitor|date=2015-07-14|website=USCIS|language=en|access-date=2020-02-03}}</ref><ref>{{Cite web|url=https://immigration.com/visa/b-visa/b-visa-overview|title=B Visa Overview|date=2009-02-06|website=US Immigration Lawyer, Law Offices of Rajiv S. Khanna, PC, Rajiv S. Khanna|access-date=2020-02-03}}</ref><ref>{{Cite web|url=https://www.uscis.gov/visit-united-states/extend-your-stay|title=Do you want or need to extend your stay in the U.S.?|date=2019-05-22|website=USCIS|language=en|access-date=2020-02-03}}</ref> However, VWP visitors may seek to adjust status on the basis of either marriage to a U.S. citizen or an application for asylum.<ref>{{cite web |title=8 USC §§ 1187, 1255(c)(4); Freeman v Gonzales, 444 F.3d 1031 (9th Cir. 2006) |url=http://www.ca9.uscourts.gov/datastore/opinions/2006/04/20/0435797.pdf |publisher=Ca9.uscourts.gov }}</ref>

[[U.S. Customs and Border Protection]] (CBP) officers determine admissibility upon the traveler's arrival. If one seeks to enter the United States under the VWP and is denied entry by a CBP officer at a port of entry, there is no path to appeal or review of the denial of entry.<ref>{{Cite web|last=Smith|first=Lamar|date=2000-10-30|title=H.R.3767 - 106th Congress (1999-2000): Visa Waiver Permanent Program Act|url=https://www.congress.gov/bill/106th-congress/house-bill/3767|access-date=2020-07-01|website=www.congress.gov}}</ref>

Travelers can leave to neighboring jurisdictions ([[Canada]], [[Mexico]] and the [[Caribbean]]), but will not be granted another 90 days after reentry in the United States; instead they are readmitted to the United States for the remaining days granted on their initial entry.<ref>{{cite web |url=http://amsterdam.usconsulate.gov/visa_waiver_program2.html |publisher=The American Embassy in The Hague |title=Visa Waiver Program |archive-url=https://web.archive.org/web/20110619194258/http://amsterdam.usconsulate.gov/visa_waiver_program2.html |archive-date=June 19, 2011  }}</ref> Transit through the United States is generally permitted, if the total time in the United States, Canada, Mexico and adjacent islands is less than 90 days. However, if for example the traveler is transiting the United States on the way to a 6-month stay in Canada, the VWP cannot be used, as the total time in the United States, Canada, Mexico and adjacent islands will be over 90 days. In this case the traveler should apply for a [[B visa|B-1/B-2 visa]], or a [[C-1 visa|transit visa]].<ref name=":0"/>

There are restrictions on the type of employment-related activities allowed. Meetings and conferences in relation to the travelers' profession, line of business or employer in their home country are generally acceptable, but most forms of "gainful employment" are not. There are however poorly-classifiable exceptions such as persons performing professional services in the United States for a non-U.S. employer, and persons installing, servicing and repairing commercial or industrial equipment or machinery pursuant to a contract of sale.<ref>{{cite web |title=Working (Legally) on a Visitor's Visa or Visa Waiver Entry |url= http://www.usvisalawyers.co.uk/article15.htm |publisher=Usvisalawyers.co.uk }}</ref> Performers (such as actors and musicians) who plan on performing live or taping scenes for productions in their country of origin, as well as athletes participating in an athletic event, are likewise not allowed to use the VWP for their respective engagements and are instead required to have an [[O1 visa|O]] or [[P visa]] prior to arrival. Foreign media representatives and journalists on assignment are required to have a nonimmigrant media (I) visa.<ref>{{cite web |url=https://travel.state.gov/visa/temp/without/without_1990.html |title=U.S. Department of State: Visa Waiver Program (VWP) |publisher=State.gov |archive-url=https://web.archive.org/web/20131102061718/http://travel.state.gov/visa/temp/without/without_1990.html#travelertype |archive-date=November 2, 2013}}</ref>