Electronic System For Travel Authorization (ESTA): It’s Here To Stay!

As expected, the Department of Homeland Security (DHS) has published a final rule that will make ESTA mandatory for all Visa Waiver Program (VWP) travelers beginning January 12, 2009. ESTA is a fully automated, electronic system for screening passengers prior to their travel to the U.S. under the VWP. On August 1, 2008, DHS began to accept voluntary applications through the ESTA web site. DHS reports that 68,000 applications have been received since, representing a small fraction of travelers that come to the U.S. each year under the program.

The VWP currently permits the citizens of 27 countries to travel to the U.S. for tourism or business without obtaining a visa. Nationals participating in the VWP (1) must travel only for business, pleasure or transit, stay in the U.S. for 90 days or less, and, if arriving by sea or air, hold a valid ticket for return or onward travel; and (2) present a machine-readable passport (MRP) valid for six months past their expected stay