Beginning September 8, 2010, the U.S. Department of Homeland Security (DHS) will require Visa Waiver Program (VWP) travelers to pay a $14 fee when registering with the Electronic System for Travel Authorization (ESTA) online prior to traveling to the United States. The fee, authorized by the Travel Promotion Act of 2009, will be utilized to fund programs to promote travel and tourism in the United States.
As of September 8, the $14 ESTA application fee must be paid when the ESTA applicant completes the online ESTA registration form prior to traveling to the United States. The fee must be paid by MasterCard, Visa, American Express or Discover credit card, or by a debit card containing the Visa or MasterCard logo. Instructions for payment will be included with the online ESTA registration form. DHS is exploring other payment options and may implement them at a future date. VWP travelers who have already secured ESTA authorization are not required to re-register when the fees take effect. Their ESTA authorization will remain valid for travel through their current ESTA expiration date.
The VWP permits citizens and nationals of designated countries to visit the United States for a 90-day period for business or tourism without obtaining a visa provided that they have an e-passport and provided that they have obtained authorization for travel from ESTA. A list of VWP eligible countries may be found at http://travel.state.gov/visa/temp/without/without_1990.html#countries.
ESTA is an online program to pre-screen VWP travelers to determine whether they are admissible to the United States and whether they pose any security or law enforcement risk. ESTA provides VWP travelers with authorization to travel to the United States by air or by sea carrier prior to embarking on such travel. ESTA registration is mandatory for all VWP travelers. ESTA applications may be submitted any time prior to traveling to the United States. Approved ESTA applications are valid for travel to the United States for two (2) years or for the validity period of the applicant’s passport, whichever is less. VWP travelers must obtain a new ESTA authorization if they are issued a new passport, change their name, change their gender, change their citizenship or if any of the answers provided on the initial application change. ESTA is not a guarantee of admission to the United States under the VWP. Rather, ESTA approval provides authorization to board an air or sea carrier to travel to the United States under the VWP. A U.S. Customs and Border Protection officer at the port of entry will continue to determine whether the individual traveler is ultimately admissible to the United States.
Additional information from U.S. Customs and Border Protection regarding ESTA is available at http://www.cbp.gov/xp/cgov/travel/id_visa/esta. Information regarding additional requirements for travel under the VWP, including e-passport requirements, is available at http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.