Immigration Alert: Visa Waiver Program Expanding To Include New Countries

On October 17, 2008, President Bush announced that the Visa

Waiver Program (VWP) will be expanding to include seven new

countries, and that six additional countries are "on

track" to be included in the near future. The VWP currently

includes a list of 27 "friendly" countries whose

nationals may travel to the United States for 90 days or less for

business, pleasure, or transit without requiring a formal visa

stamp. These countries extend the same courtesy to U.S. citizens

traveling in the same manner. In approximately one month, this list

will be officially expanded to include citizens of the Czech

Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South

Korea. The six additional nations "on track" to be

included at a future date are Bulgaria, Cyprus, Greece, Malta,

Poland, and Romania. President Bush did not provide a specific date

or timeline for these countries, though we will of course provide

updates as they are available.

As we informed you in a previous alert, beginning January 12, 2009,

foreign nationals making a VWP entry into the United States will

need to receive electronic travel authorization from U.S. Customs

and Border Protection (CBP) prior to utilizing the VWP.

This will be done via 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. The ESTA program asks applicants

to register online in order to provide

biographical data and assess Visa Waiver Program eligibility.

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...