31-Jul-08 4:00 PM CST

US Visa Waiver Reminder: Voluntary Electronic Pre-Approval Program Debuts Tomorrow

Fragomen, Del Rey, Bernsen & Loewy, LLP

US Immigration Client Alert

If you have any questions about this announcement, please contact the legal professional with whom you usually work at Fragomen, Del Rey, Bernsen & Loewy, LLP.
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July 31, 2008

Visa Waiver Reminder:
Voluntary Electronic Pre-Approval
Program Debuts Tomorrow

Program Does Not Become Mandatory Until January 2009

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EXECUTIVE SUMMARY

The Department of Homeland Security is debuting, on a voluntary basis, the Electronic System for Travel Authorization (ESTA), an online pre-approval system for travelers under the Visa Waiver Program. The program does not become mandatory until January 12, 2009, at which point Visa Waiver travelers will be required to use the online system to obtain advance approval to travel at least 72 hours before departing for the United States. Nonimmigrant visa holders will not use the system.

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The Department of Homeland Security (DHS) is introducing, on a voluntary basis, the Electronic System for Travel Authorization (ESTA), an online pre-approval system for travelers under the Visa Waiver Program (VWP). The program does not become mandatory until January 12, 2009, at which point Visa Waiver travelers will be required to use the online system to obtain advance approval to travel at least 72 hours before departing for the United States. The ESTA approval will allow a traveler to board a carrier for travel to the United States under the VWP, but will not guarantee admission to the United States. VWP travelers will still be inspected at ports of entry.

The Visa Waiver Program allows citizens and nationals of 27 countries to enter the United States for business or tourism visits of up to 90 days without the need to apply for a visa. In 2007, a law was enacted to require that DHS create an advance approval system to assess whether prospective Visa Waiver Program travelers pose law enforcement or security risks. The ESTA program was developed in compliance with that law.

Under the new system, a Visa Waiver Program traveler will submit an online application at https://esta.cbp.dhs.gov/, providing his or her biographic and passport information and information about his or her basic eligibility to use the VWP, such as previous arrests and convictions, communicable diseases, and previous visa denials. Visa Waiver travelers already provide this information upon arrival to the United States under the current VWP procedure. The traveler will be asked to provide his or her U.S. destination, flight information, and other travel details, but specific travel plans are not required at the time the traveler submits the application. Travelers will be free to submit ESTA applications at any time so long as they obtain ESTA authorization at least 72 hours before departing for the United States.

Once a traveler submits the ESTA application, it will be reviewed against the appropriate law enforcement databases. According to DHS, the ESTA website will provide an almost immediate determination of eligibility for travel under the VWP in most cases. Once approved, an ESTA travel authorization will remain valid for up to two years or until the traveler's passport expires, whichever occurs first. The ESTA authorization will also be valid for multiple entries into the U.S. during the validity period, but travelers are encouraged to update the ESTA website with their specific travel details at least 72 hours prior to each departure, though it is not mandatory.

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