Download Locations:
Summary:
Since the events of September 11, 2001, concerns have been raised about the ability of terrorists to enter the United States under the visa waiver program (VWP), because the VWP bypasses the first step by which foreign visitors are screened for admissibility to enter the United States. Nonetheless, the inclusion of countries in the VWP may help foster positive relations between the United States and those countries, promote tourism and commerce, and eases consular office workloads abroad. The VWP allows nationals from certain countries to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States. In FY2007, 16 million visitors entered the United States under this program, constituting 49% of all overseas visitors. To qualify for the VWP, statute specifies that a country must: offer reciprocal privileges to U.S. citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year or an average of no more than 2% over the past two fiscal years with neither year going above 2.5%; issue their nationals machine-readable passports that incorporate biometric identifiers; certify that it is developing a program to issue tamper-resident, machine-readable visa documents that incorporate biometric identifiers which are verifiable at the countrys port of entry; and not compromise the law enforcement or security interests of the United States by its inclusion in the program. Countries can be terminated from the VWP if an emergency occurs that threatens the United States security interests. P.L. 110-53 added new requirements to participate in the VWP, and provided the Secretary of the Department of Homeland Security (DHS) the authority to waive the nonimmigrant refusal rate requirement. Certain statutory conditions had to be met before the waiver to became available in October 2008. All aliens entering under the VWP must present machine-readable passports. In addition, passports issued between October 26, 2005, and October 25, 2006, must have a digitized photo on the data page, while passports issued after October 25, 2006, must contained electronic data chips (e-passports). Under DHS regulations, travelers who seek to enter the United States through the VWP are subject to the biometric requirements of the US-VISIT program. In addition, aliens entering under the VWP must get an approval from the Electronic System for Travel Authorization (ESTA), a web-based system that checks the aliens information against relevant law enforcement and security databases, before they can board a plane to the United States. ESTA became operational for all VWP countries on January 12, 2009. There are concerns that implementation of the ESTA system will be a burden for travelers, or may increase the wait-times for visas at U.S. Embassies and Consulates since those who are not approved under ESTA must get a visa. Nonetheless, ESTA does provide added security to the VWP. In 2008, eight new countries were added to the VWP, most of the new countries needed the nonimmigrant refusal rate waiver. There are other countries (e.g., Poland, Israel, Taiwan) that have expressed interest in being a part of the VWP. The nonimmigrant refusal rate waiver authority will expire on June 30, 2009, if DHS does not implement an air-exit system that incorporates biometric identifiers. It is unlikely that a biometric exit system will be implemented by that time. This report will be updated if legislative action occurs.
XML
