Rachel Browning’s Legal Blog

            As of yesterday, the Secretary of the Department of Homeland Security (DHS) has added seven new countries to its Visa Waiver Program (VWP).  Citizens and eligible nationals of participating VWP countries can apply for admission to the United States at a U.S. port of entry as nonimmigrant aliens to be admitted for ninety days or less for business or pleasure without a nonimmigrant visa, as long as they are otherwise eligible for admission under the Immigration and Nationality Act (INA) and applicable regulations. The seven countries added to the program include Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic.  Congrats everyone!

            So how did these countries earn this auspicious distinction?  Well, basically, by agreeing to several U.S.-friendly terms, all of which have to be fulfilled for the country to be deemed eligible for the program. The INA allows the Secretary of Homeland Security in consultation with the Secretary of State to designate certain countries as VWP eligible, provided certain requirements are met. These include meeting the statutory rate of nonimmigrant visa refusals for nationals of the country, government certification that the country has a program to issue machine readable, tamper-resistant passports complying with international standards, a U.S. government determination that the country’s designation would not negatively affect U.S. law enforcement and security interests, the foreign government’s agreement to report to the U.S. information about the theft or loss of passports, the government’s acceptance for repatriation any citizen, former citizen, or national not later than three weeks after the issuance of a final order of removal, and the government’s agreement with the U.S to share information regarding whether citizens or nationals of that country represent a threat to the security or welfare of the United States or its citizens.

            Once a country has been deemed visa-waiver-worthy, its citizens and eligible nationals may apply for admission to the United States at a U.S. port of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa.  The designated countries in the VWP (in addition to those just added) include Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

            Whether you are from one of these designated countries or not, the VWP only applies short-term visits related to business and tourism.  It does not allow one to work or go to school – visits to the United States for these and other purposes will require a nonimmigrant visa.  For more information, Contact the Houston, Westchase and Woodlands Immigration Attorneys of Smith & Garg.