August 13, 2010

CBP Interim Final Rule on ESTA Travel Promotion Fee for Visa Waiver Program Travelers

Nonimmigrant aliens who wish to enter the United States under the Visa Waiver Program at air or sea ports of entry must obtain a travel authorization electronically through the Electronic System for Travel Authorization (ESTA) from U.S. Customs and Border Protection prior to departing for the United States.

The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program. VWP travelers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the United States.

Effective September 8, 2010, all Electronic System for Travel Authorization registration applications or renewals on or after that date will require a congressionally mandated fee of $14.00 payment by credit or debit card: a $10 travel promotion fee for an approved ESTA statutorily set by the Travel Promotion Act and a $4.00 operational fee for the use of ESTA as set by the Secretary of Homeland Security to ensure recovery of the full costs of providing and administering the ESTA system. Existing ESTA registrations remain valid through their expiration date.

For additional information on ESTA, visit the Web site: http://www.cbp.gov/esta.