Electronic System for Travel Authorization (ESTA) For Visa Waiver Traveler

The Department of Homeland Security published an interim rule that establishes a new online system requiring pre-authorization for all nationals or citizens of Visa Waiver Program (VWP) countries who plan to travel to the United States for temporary business or pleasure on the VWP.  Pre-travel authorization is expected to become mandatory on or before January 12, 2009.  Once in effect, VWP travelers will be required to obtain an approved "ESTA" prior to boarding a carrier to travel by air or sea to the United States.  The ESTA web-based system will be available for voluntary applications on August 1, 2008 at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/.

How will the new system work?  VWP travelers will complete and submit an online application, providing the biographical and eligibility information currently required on the paper I-94W form.  Once successfully completed and submitted online, the application will be queried against appropriate law enforcement databases.   In most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP.  Possible responses include: Authorization Approved, Travel Not Authorized, or Authorization Pending. Accompanied and unaccompanied children, regardless of age, will be required to obtain an independent ESTA authorization and determination of eligibility. An approved ESTA travel authorization will be valid for up to two years or until the traveler's passport expires, whichever comes first, and for multiple entries into the U.S.

In the event that an ESTA applicant is denied pre-authorization to travel under the VWP, the applicant may apply for a visa.  ESTA is not a guarantee of admissibility to the U.S., and U.S. Customs and Border Protection (CBP) officers will continue to make admissibility determination at ports of entry.  VWP travelers currently and under the ESTA program who arrive at a U.S. port of entry and who are determined by CBP to be ineligible for admission under the VWP may be returned to the country of origin to apply for a visa to enter the United States.

The rule advises that ESTA applications be submitted at any time prior to travel to the U.S., and no later than 72 hours before departure, although the system can accommodate last minute and emergency travelers.

Once mandatory, VWP travelers who fail to obtain an ESTA travel authorization may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.  Also, all VWP travelers will be required to obtain such authorization, regardless of their point of embarkation.