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The Visa Waiver Program and Biometric and Machine-Readable Passport Requirements

Visa Waiver Program (VWP) travel will soon be affected by several changes concerning passports valid for travel to the United States and U.S. port of entry processing. These measures are aimed at improving security and facilitation of travel. Additionally, the deadline by which VWP countries must produce biometric passports has been delayed for one year.

The following 27 countries are currently in the VWP: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (for citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man).

US-VISIT AND VWP VISITORS

Starting September 30, 2004, US-VISIT procedures will be expanded to include visitors traveling to the United States under the Visa Waiver Program (VWP) arriving at airports and seaports of entry.

US-VISIT provides a means by which to verify the identity of travelers through the use of biometric technology. Digital, inkless finger scans and digital photographs provide the Department of Homeland Security a better means to check, using biometric and biographic data, against watch lists and screen for fraudulent documents. These measures improve the Department of Homeland Security’s ability to make admissibility decisions.

An estimated 13 million visitors from Visa Waiver Countries enter the U.S. each year. Travelers from Visa Waiver Countries are allowed to apply for entry to the U.S. on a passport for up to 90 days for business or pleasure without obtaining a visa.

MACHINE- READABLE AND BIOMETRIC PASSPORT DEADLINES

Machine-Readable Passports

On October 26, 2004, all passports presented for VWP travel are required to be machine-readable.

Last year, the Secretary of State granted a postponement from October 1, 2003, until October 26, 2004, as the date by which Visa Waiver Program travelers from 21 countries must present a machine-readable passport to be admitted to the United States without a visa. Five eligible countries did not request a postponement of the effective date. Belgium was not eligible to request a waiver.

Each traveler will be required to have an individual machine-readable passport. Children will not be able to travel on their parent’s passports.

Biometrically Enabled Passports

In August 2004, President Bush signed legislation (H.R. 4417) that extends by one year, to October 26, 2005, the requirement for VWP countries to issue biometrically enabled passports. Passports issued on or after that date will be required to be biometrically enabled to be valid for use in VWP travel.

This extension was necessary to avoid potential disruption of international travel and provide the international community adequate time to develop viable programs for producing a more secure, biometrically enabled passport. The original legislation required that Visa Waiver Program country passports issued on or after October 26, 2004 be biometrically enabled for use in Visa Waiver travel.

Although the addition of biometrics to the U.S. passport is not covered by Congressional mandate, the Department of State has been working diligently towards developing U.S. biometric passports. The United States recognizes the benefits of biometric identity verification and strives to remain at the forefront of international travel document security. By the end of 2005, all domestically produced U.S. passports will be biometric passports.

For more information on US-VISIT, please visit at www.dhs.gov/us-visit.

For more information on the VWP, please visit http://travel.state.gov/visa/tempvisitors_novisa_waiver.html.

Q and A:

  • What Are the Visa Waiver Program (VWP) Countries?
  • Currently, 27 countries participate in the Visa Waiver Program, as shown below, with key dates indicated:

CountryUS-Visit DeadlineMRP DeadlineBiometric Deadline
(Travelers entering the U.S on the VWP on or after this date will be enrolled in US-VISIT)(Passports issued on or before this date must be machine-readable in order to qualify for Visa Waiver Program)(Passports issued on or after this date must be machine-eadable and Biometrically Enabled in order to qualify for Visa Waiver Program)
AndorraSep 30, 2004 Sep 30, 2004Oct 26, 2005
AustraliaSep 30, 2004Oct 25, 2004Oct 26, 2005
AustriaSep 30, 2004Oct 25, 2004Oct 26, 2005
BelgiumSep 30, 2004May 15, 2003Oct 26, 2005
BruneiSep 30, 2004Sep 30, 2004Oct 26, 2005
DenmarkSep 30, 2004Oct 25, 2004Oct 26, 2005
FinlandSep 30, 2004Oct 25, 2004Oct 26, 2005
FranceSep 30, 2004Oct 25, 2004Oct 26, 2005
GermanySep 30, 2004Oct 25, 2004Oct 26, 2005
IcelandSep 30, 2004Oct 25, 2004Oct 26, 2005
IrelandSep 30, 2004Oct 25, 2004Oct 26, 2005
ItalySep 30, 2004Oct 25, 2004Oct 26, 2005
JapanSep 30, 2004Oct 25, 2004Oct 26, 2005
LiechtensteinSep 30, 2004Sep 30, 2004Oct 26, 2005
LuxembourgSep 30, 2004Oct 25, 2004Oct 26, 2005
MonacoSep 30, 2004Oct 25, 2004Oct 26, 2005
The NetherlandsSep 30, 2004Oct 25, 2004Oct 26, 2005
New ZealandSep 30, 2004Oct 25, 2004Oct 26, 2005
NorwaySep 30, 2004Oct 25, 2004Oct 26, 2005
PortugalSep 30, 2004Oct 25, 2004Oct 26, 2005
San MarinoSep 30, 2004Oct 25, 2004Oct 26, 2005
SingaporeSep 30, 2004Oct 25, 2004Oct 26, 2005
SloveniaSep 30, 2004Sep 30, 2004Oct 26, 2005
SpainSep 30, 2004Oct 25, 2004Oct 26, 2005
SwedenSep 30, 2004Oct 25, 2004Oct 26, 2005
SwitzerlandSep 30, 2004Oct 25, 2004Oct 26, 2005
United KingdomSep 30, 2004Oct 25, 2004Oct 26, 2005

  • What Do I Need to Enter the United States under the VWP?
  • To enter the U.S. under the VWP, travelers from participating countries must:

    • Be a citizen of a Visa Waiver Program country;
    • Have a valid passport issued by the participating country that is valid for six months beyond your intended visit; Have a machine-readable passport (MRP), following the required MRP Deadline explained above;
    • Be seeking entry for 90 days or less, as a temporary visitor for business or pleasure. You will not be permitted to extend your visit or change to another visa category under the VWP.
    • If entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier.
    • Hold a completed and signed Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W, on which he/she has waived the right of review or appeal of an immigration officer's determination about admissibility, or deportation. These forms are available from participating carriers, from travel agents, and at land-border ports-of-entry.
    • You must have no visa ineligibilities. This means if you have been refused a visa before, have a criminal record or are ineligible for a visa you cannot travel on the Visa Waiver Program without a visa. You must apply for a visa to the U.S.

    Visitors for Business

    Here are types of activities permitted as a business visitor:

    • Participating in commercial business transactions which do not involve gainful employment in the U.S, for example, negotiating contracts or consulting with business associates You cannot receive a salary or wages from a U.S. source.
    • Participating in scientific, educational, professional or business conventions, conferences or seminars
    • Conducting independent research
    • Appearing as a witness in a court trial

    Visitors for Pleasure

    While this is not a complete listing, here are types of activities permitted:

    • Visiting friends and relatives, touring or vacationing, visits for rest
    • Visits for medical treatment.
    • Participating in conventions, conferences or convocation of fraternal or social organizations
    • Amateurs participating in sports, musical, and other events or contests, who will receive no money or other remuneration in return;

    Entry at a land border crossing point from Canada or Mexico is permitted under the Visa Waiver Program.

  • What I Need to Know about VWP & the Required Machine-Readable Passport?
  • The Secretary of State, working with the Department of Homeland Security, has granted a postponement until October 26, 2004, as the date by which visa waiver program travelers from 21 countries must present a machine-readable passport at a U.S. port of entry to be admitted to the United States without a visa. Four countries will continue with the October 1, 2003 deadline. The Patriot Act legislated the machine-readable passport requirement for visa waiver program travelers and additionally gave the Secretary of State authority to postpone the effective date.

    Countries With an October 1, 2003 MRP Deadline — Four visa waiver program countries, specifically Andorra, Brunei, Liechtenstein, and Slovenia, did not request a postponement of the machine-readable passport effective date, because all or virtually all of their citizens already have machine-readable passports.

    As of October 1, 2003, visa waiver travelers from Andorra, Brunei, Liechtenstein, and Slovenia must present either a machine-readable passport or a U.S. visa at the port of entry to enter the U.S. This includes all categories of passports — regular, diplomatic, and official, when the traveler is seeking to enter the U.S. for business or tourist purposes, for a maximum of 90 days without needing a visa.

    Countries With a October 26, 2004 MRP Deadline — Travelers from countries granted the postponement can continue to travel, as they have in the past, without a machine-readable passport up to October 25, 2003. On October 26, 2004 a machine-readable passport or U.S. visa will be required at the port of entry, to enter the U.S. without a visa. Countries with the machine-readable passport postponement until October 26, 2004 are:

    Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, and the United Kingdom.

    Belgium, which is also a visa waiver country, was not eligible to receive this extension. Belgian nationals who wish to travel under the visa waiver program have been required to present a machine-readable passport since May 15, 2003.

  • Does this mean that nationals of VWP countries will not be able to travel without a visa?
  • Travelers with machine-readable passports issued on or before the MRP deadline do not require a visa and may still travel to the United States under the Visa Waiver Program after the MRP deadline date for their country. VWP travelers with non-machine-readable passports must obtain a visa to travel to the United States.

  • Can a person with a VWP country passport issued on or before the MRP deadline continue to use the VWP after the MRP deadline?
  • VWP travelers with passports issued on or before the MRP deadline may continue to travel on the Visa Waiver Program after that date only if the passport is machine-readable. Passports issued after the MRP deadline that are not machine-readable will not be valid for VWP travel after that date.

  • Is a person with a VWP country passport issued after the MRP deadline, required to obtain a visa?
  • If the VWP traveler's passport is issued after the MRP deadline, and that passport is both machine-readable and biometrically enabled, (i.e. containing a computer chip with biometric data), a visa is not required. If the passport is issued on or after October 26, 2004, and is either not machine-readable or not biometrically enabled, the bearer will need to obtain a visa to travel to the United States.

  • What is a machine-readable passport?
  • Machine-readable passports have two optical character, typeface lines at the bottom of the biographic page of the passport (underneath the picture). These two lines, when read by machine, reflect the same information, including the name, date and place of birth of the traveler, as the photo page of the passport.

    scanned image of a MRV passport

  • What Should I Know About Machine-Readable Passports and Families?
  • Families seeking to enter the U.S. under the VWP will need to obtain an individual passport for each traveler, including infants. Machine-readable passports typically have biodata for only one traveler in the machine-readable zone. Based on this, families may be denied visa-free entry into the U.S. if the biodata for only one traveler is machine-readable.

  • What is a biometric passport?
  • Biometric technology uses fixed human traits, such as facial features, finger and iris scans, to verify the identity of an individual. The International Civil Aviation Organization (ICAO) selected facial recognition as the globally interoperable biometric for identity verification in passports. A biometric passport valid for VWP travel adheres to the ICAO standard for this data, stored in a contact-less computer chip embedded in the passport, to confirm the passport holder's identity and facilitate international travel.

  • Why are travelers enrolled in US-VISIT?
  • US-VISIT is designed to enhance the security of U.S. citizens and our visitors, facilitate legitimate travel, ensure the integrity of the U.S. immigration system, and safeguard the privacy of our visitors. Enrollment in US-VISIT takes just seconds. US-VISIT safeguards the privacy of our foreign visitors by ensuring that all data collected is stored securely.