Business Immigration Alert
June 2008
Contacts DHS Introduces Electronic Authorization for the
Washington, DC Visa Waiver Program 1900 K Street, NW The Department of Homeland Security Authorization Approved, Travel Not Washington, DC 20006-1109 (DHS) has issued an interim final rule Authorized and Authorization Pending. Ian P. Band that establishes the Electronic System for (202) 955-1913 How far in advance should individuals Travel Authorization (ESTA) as part of the [email protected] apply for ESTA? Visa Waiver Program (VWP). Suzan Kern Individuals may apply as far in advance of (202) 419-2075 What is ESTA? their travel as they wish, but should apply [email protected] ESTA is a program that will enhance no less than 72 hours prior to departure to Adam J. Rosser the United States. Definite travel plans to (202) 419-2026 security by requiring all nationals or [email protected] citizens of VWP countries planning to visit the United States are not required in order the United States for business or pleasure to apply for ESTA.
to obtain pretravel authorization via online Must individuals go through ESTA each registration. Once the application is time they visit the United States? submitted, the information collected will be No. An ESTA authorization is valid for up queried against various law enforcement to two years, or until the individual’s pass- databases. port expiration date, whichever is shorter. To whom does ESTA apply? The authorization is also valid for unlimited visits to the United States, if the individual It applies to every individual planning to is otherwise admissible. New ESTA visit the United States under the VWP, authorizations, however, are required if a including children. It does not apply to new passport is issued, the person’s name those who have been or will be issued or gender changes, the person’s country of U.S. visas (for business, pleasure, employ- citizenship changes or if eligibility changes ment, etc.) and plan to visit the United (based on the ESTA questions). In addi- States using those visas. It also does not tion, those holding passports valid for six apply to those granted permanent resident months or less issued by countries that (green card) status. have not entered into agreements with the How long does it take to obtain online United States to recognize passports for authorization under ESTA? six months beyond the expiration date will In most cases, the authorization will be not receive ESTA authorization; new pass- issued immediately. The responses include ports will be required in order to obtain the authorization.
Hunton & Williams LLP If individuals obtain ESTA for a visitor’s visa at the U.S. embassy construction] to complete the online authorization, are they guaranteed or consulate with jurisdiction over their application. admission into the United States? current residence abroad. Will other countries require U.S. No. The ESTA authorization is only When does ESTA go into effect? citizens to go through a similar a security clearance tool that allows process when visiting those countries? individuals to board the aircraft to While voluntary applications can be made as early as August 1, 2008, the travel to the United States; it does not As of right now, the United States is the program does not become mandatory guarantee admission. The Customs and only country requiring those permitted to until 60 days after the final regulation is Border Protection (CBP) officers still travel without visas to obtain a pretravel published. The final rule is anticipated in must inspect applicants to determine authorization. admissibility. November 2008 for implementation by January 12, 2009. If you have any questions, please feel What do individuals do if their free to contact us. applications are not authorized for How do I apply? travel? Applicants can apply by visiting Individuals who receive the travel not http://esta.cbp.dhs.gov [website is under authorized response will need to apply
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