July 1, 2003

Machine Readable Passport and the Visa Waiver Program

A recently released Department of State (DOS) cable reminds consular posts that beginning October 1, 2003, all Visa Waiver Program (VWP) travelers must present a machine-readable passport in order to enter the U.S. visa-free. This change affects only visa waiver travel. Individuals who are already applying for visas at U.S. consular sections are not required to obtain machine readable passports, regardless of the category of visa being sought. Because many expatriates from VWP countries travel on passports that were issued abroad and are not machine- readable, the DOS expects consular posts to see an increase in the number of nonimmigrant visa applications from VWP nationals who do not have machine readable passports and will no longer be able to travel without a visa.
The DOS has asked all consular posts, including those in non-VWP countries, to develop an outreach strategy to the travel industry, the media, and the VWP traveling public. Consulates in the VWP countries will not have direct contact with the VWP public as they will not apply for visa stamps unless required to do so--or turned back once in the U.S. because their passports are not compliant. Most VWP countries began issuing machine readable passports in the early or mid-1990s. Some countries, notably Switzerland, Italy, and Spain, may find that significant portions of their traveling public will need either a replacement passport or an visa stamp to travel to the U.S
This change includes all categories of passports-- tourist, diplomatic, and official. Many diplomatic and official passports currently valid for VWP travel are not machine-readable and the bearers will need a visa after October 1, 2003.

At this time 27 countries participate in VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

While the Patriot Act provides the DOS with the authority to waive this requirement in certain cases, the cable notes that the agency does NOT intend to use the waiver option.

GT will continue to provide updated information as it becomes available.

Courtesy of the American Immigration Lawyers Association