Legal Definitions - visa waiver program

The Visa Waiver Program (VWP) is a U.S. government initiative that allows citizens or nationals of certain designated countries to travel to the United States for tourism or business purposes for stays of 90 days or less without first obtaining a traditional visa.

Instead of applying for a visa at a U.S. embassy or consulate, eligible travelers must obtain an approved travel authorization through the Electronic System for Travel Authorization (ESTA) prior to their trip. This online system screens applicants to determine their eligibility to travel under the VWP. An approved ESTA is typically valid for two years, allowing for multiple entries within that period, provided each stay does not exceed 90 days and the purpose remains tourism or business.

Key conditions for using the VWP include:

• Being a citizen or national of one of the participating countries.
• Traveling for tourism, vacation, or legitimate business activities (e.g., attending conferences, negotiating contracts).
• Planning to stay in the U.S. for 90 days or less.
• Possessing a valid passport that meets specific requirements.
• Obtaining an approved ESTA authorization before departure.

It's important to note that the VWP does not permit travelers to extend their stay beyond 90 days, nor does it allow them to change their immigration status (e.g., apply for a work visa) while in the United States. For purposes such as studying, working, or staying longer than 90 days, a traditional visa is required.

Here are some examples illustrating the Visa Waiver Program:

• Example 1: International Vacation

  Maria, a citizen of Spain, wants to take her family on a two-week vacation to Florida to visit theme parks and beaches. Since Spain is a participating VWP country, Maria and her family can apply for ESTA authorizations online. Once approved, they can board their flight to the U.S. without needing to apply for traditional visitor visas at a U.S. embassy. This illustrates the VWP allowing short-term tourism for citizens of eligible countries.

• Example 2: Business Conference Attendance

  Kenji, a marketing executive from Japan, needs to attend a three-day industry conference in Chicago. As Japan is a VWP country, Kenji can apply for an ESTA. Upon approval, he can travel to the U.S. for his business trip without a visa. This demonstrates how the VWP facilitates short-term business travel, such as attending professional events, for eligible individuals.

• Example 3: Visiting Family with Restrictions

  Liam, a citizen of Ireland, wishes to visit his sister who lives in New York for two months. Ireland is a VWP country, so Liam applies for and receives an ESTA. He can travel to the U.S. to visit his sister for the duration of his planned stay, as it is under 90 days and for tourism/visiting purposes. However, if Liam later decides he wants to stay for six months or seek employment, he would not be able to extend his stay or change his immigration status under the VWP and would need to leave the U.S. and apply for an appropriate visa from outside the country. This highlights both the convenience and the limitations of the VWP regarding stay duration and purpose.