All international travelers who wish to travel to the United States under the Visa Waiver Program must apply for authorization. The visa requirement is waived, but the visitor must obtain authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S.-bound air or sea carrier. We’ll explain everything you need to know about the ESTA travel authorization.
Visa Waiver Program, Explained
The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In exchange, the participating countries also permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes. This generally makes travel more convenient and eliminates the cost of the visa.
Visa Waiver Program Countries
Not all U.S. visitors may come to the U.S. through the VWP. Only citizens of participating Visa Waiver Program countries may take advantage of this benefit. There are presently 41 countries participating in the Visa Waiver Program:
Visa Waiver Travel is Similar to a B Visa
The U.S. Visa Waiver Program is modeled very similarly to the B-1/B-2 combination visa. Therefore, the purpose of VWP travel must be consistent with a B-1 visa (Temporary Business Visitor) or B-2 visa (Temporary Pleasure Visitor). Travelers who prefer to have a visa in their passport may still apply for a conventional visitor (B) visa.
Individuals who will visit the United States under the VWP must have a valid Electronic System for Travel Authorization approval prior to travel and meet all requirements explained below.
Electronic System for Travel Authorization (ESTA)
ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business.
Although the VWP provides visa-free travel, some level of screening is still required. ESTA adds a layer of security that allows the U.S. government to determine, in advance of travel, whether you are eligible to travel to the United States under the Visa Waiver Program and whether such travel poses a law enforcement or security risk.
Travel Requirements for Visa Waiver Program
To participate in the benefits of ESTA travel and the Visa Waiver Program, visitors must meet all of the following requirements:
- Hold a valid passport from a Visa Waiver Program country;
- Have the traveler's personal background information;
- Be traveling for a purpose that is consistent with a B visa;
- Be holding a valid return or onward ticket, dated within the 90-day period;
- Have a valid ESTA (Electronic System for Travel Authorization); and
- Have a machine-readable passport with the e-Passport symbol.
Be certain that the purpose of your visit would qualify for a B visa. Review the acceptable uses of a B-1 visa and B-2 visa. Generally, B visas may be used for temporary business purposes (e.g. meetings, conferences, trainings) or pleasure (e.g. tourism, vacation, family/friend visits). The Visa Waiver Program should be not used to enter the U.S. for school, employment or apply for permanent residence.
ESTA Restrictions
There are numerous benefits of ESTA travel, but visitors should be aware of some limitations:
- Unlike a B visa, you may not extend your stay when visiting through the VWP; and
- If you enter the U.S. under the VWP, you are not permitted to change status to another visa in the U.S.
Under the U.S. Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the VWP:
- Nationals of VWP countries who have traveled to or been present in Democratic People’s Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country); and
- Nationals of VWP countries who are also nationals of Democratic People’s Republic of Korea, Iran, Iraq, Sudan, or Syria.
ESTA Application
Travelers must receive authorization in order to board an airline or sea carrier. Therefore, U.S. visitor should apply for the ESTA no less than 72 hours before the trip. However, CBP recommends more advanced planning. Travelers can apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.
Application Cost for ESTA
There is no visa fee. However, visitors must currently pay $21 to register in ESTA. Each traveler must submit an ESTA application; each applicant must pay this fee. The ESTA application website accepts all major payment methods including MasterCard, VISA, American Express, Discover (JCB or Diners Club only), and PayPal.
The ESTA fee is actually comprised of two parts:
- Operational Fee — All applicants requesting an electronic travel authorization are charged for the processing of the application. The fee is U.S. $4.00.
- Travel Promotion Fee — If your application is approved and you receive authorization to travel to the United States under the Visa Waiver Program, an additional U.S. $17.00 will be added to your payment method.
Therefore, CBP will only charge you for the processing of your ESTA application if your electronic travel authorization is denied.
Spouse and Children of Principal Applicant
If the spouse and children of an ESTA traveler are also citizens or nationals of the same VWP country, they must obtain their own ESTA. If the dependent children are not eligible for VWP travel, they must obtain the appropriate visa before visiting the United States.
Information Needed for ESTA Application
Before starting the ESTA application, let’s make sure you have everything necessary to complete the application quickly. As an applicant, you will need:
- Valid passport from a Visa Waiver Program country
- Valid email address
- Home address and phone number
- Emergency point of contact phone and email
- Aliases or other names you’ve previously used
- National ID or Personal ID number (if applicable)
- Global Entry ID number (if applicable)
- Employer address and phone number (if applicable)
- U.S. point of contact name, address, and phone (if applicable)
ESTA Travel Validity
Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first. You may make multiple trips to the United States without having to re-apply for ESTA travel authorization. When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time. Although you may re-use the same ESTA, there should be a reasonable amount of time between visits so that the CBP officer does not conclude that you are trying to live in the U.S. There is no set requirement for how long you must wait between visits.
In most cases, your ESTA will be valid for two years. You must obtain a new authorization if you:
- Receive a new passport, including an emergency or temporary passport;
- Modify your name (first and/or last name);
- Change your gender;
- Change your country of citizenship; or
- Need to change your responses to any of the “Yes” or “No” questions on the ESTA application.
Admissibility Determined by CBP Officers
CBP officers will inspect all individuals seeking entry into the United States at ports of entry (POEs). They will also determine their admissibility. The mission of the CBP inspections program is to control and guard the boundaries and borders of the United States against the illegal entry of visitors.
Under the authority of U.S. law, a CBP officer may question, under oath, any person coming into the United States to determine their admissibility. In addition, an officer has authority to search without warrant the person and effects of any person seeking admission, when there is reason to believe that grounds of exclusion exist which would be disclosed by such search.
If you have any past immigration violations in the U.S. or criminal offenses, consider a consultation with a lawyer before applying for ESTA travel.
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