November 17, 2008

DHS Publishes Notice Regarding Required Use of ESTA (Electronic System for Travel Authorization)

The Department of Homeland Security announced on November 13, 2008 that all nationals or citizens of the Visa Waiver Program (VWP) countries, who plan to travel to the U.S. for temporary business or pleasure, will require an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP beginning January 12, 2009. To comply with ESTA, VWP travelers must provide electronically to U.S. Customs and Border Protection (CBP) the information currently collected on the I-94W Nonimmigrant Alien Arrival/Departure through the CBP ESTA web site and receive authorization to travel.

Nationals or citizens of participating VWP countries may apply for admission to the United States at a U.S. port of entry for a period of 90 days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. ESTA is designed to improve the security of the VWP by requiring nonimmigrants traveling to the United States under the VWP provide biographical information and answer VWP travel eligibility questions before departing for the United States. An approved ESTA generally is valid for a two year period without obtaining another ESTA. For those with passports expiring in less than two years, will receive an ESTA that will be valid until the passport’s expiration date.

CBP informs that approximately 68,000 applications have been received since August 1, 2008 and the majority are issued within seconds. If the applicant receives a denial, he or she is required to apply for a visa.

The ESTA web-based system has been available on a voluntary basis since August 1, 2008 and this system will become mandatory on January 12, 2009. All VWP travelers traveling to the United States on or after January 12, 2009 must obtain travel authorization under ESTA prior to embarking on an air or sea carrier for travel to the United States.