September 2008 Immigration Updates
Upcoming Changes To The Visa Waiver Program
Preregistration Expected To Become Mandatory By January 12,
2009
A major change is taking place with the Visa Waiver Program
(VWP). It is expected that by January 12, 2009 everyone using the
VWP must have received electronic travel authorization from Customs
and Border Protection (CBP).
Indeed, on August 1, 2008, Customs and Border Protection began
accepting online applications for the Electronic System for Travel
Authorization (ESTA), an automated system that will assist in
determining eligibility to travel to the United States under the
existing VWP, as well as determining whether such travel poses any
law enforcement or security risk. Upon completion of an ESTA
application, a VWP traveler will be notified of his or her
eligibility to travel to the United States under the VWP. The
Department of Homeland Security plans to publish the final rule in
the Federal Register in November 2008, with the intention of making
the travel authorization mandatory for all VWP travelers intending
to enter the United States on or after January 12, 2009. It is
recommended that travelers submit their ESTA applications as early
as possible and no later than 72 hours prior to the expected
travel.
The ESTA program asks applicants to register online in order to provide
biographical data and assess Visa Waiver Program eligibility. The
information sought is the same as that currently requested on the
Form I-94W Arrival/Departure Record an applicant fills out when
seeking admission to the United States under the VWP. This data
will be evaluated by CBP to determine the eligibility of citizens
and eligible nationals of VWP countries to travel to the United
States and whether such travel poses a law-enforcement or security
risk. This determination will be made by CBP before such persons
travel to the U.S. A travel determination made under ESTA will
remain, with certain exceptions, valid for two years and may be
used for multiple applications for admission.
Please note, ESTA is EM>not a new visa
category. The ESTA program is a "pre-clearance" program
covering those travelers seeking to enter the United States using
the Visa Waiver Program only. Travelers holding
valid travel visas of all types will not be required to register
through ESTA. However, once the program becomes mandatory,
those travelers who are simply transiting through the
United States will be required to register with ESTA, a significant
departure from previous U.S. transit practices. If a traveler is
only planning to transit through the United States en route to
another country, when he or she completes the ESTA application, the
traveler will simply need to enter the words "In Transit"
and his or her final destination location in the address lines
under the heading "Address While In The United
States."
The CBP's "Frequently Asked Questions about ESTA"
can be found here. We will provide updates as further
details become available and when the final rule is released.
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