Visa Waiver Program e-Passport Requirement Now in Effect
U.S. Customs and Border Protection (CBP) issued a reminder that as of April 1, 2016, all citizens of Visa Waiver Program (VWP)1 countries must possess an electronic passport (e-Passport) to travel to the U.S. under the VWP. An e-Passport is an enhanced secure passport with an embedded electronic chip, and a unique international symbol on the cover. Travelers not in possession of an e-Passport must have a valid nonimmigrant visa to travel to the U.S.
Department of Homeland Security (DHS) Secretary Jeh Johnson issued the following statement on April 1, 2016:
Effective today we will begin to require the use of more electronic passports, or e-Passports, by all travelers coming to the United States from the 38 countries that participate in our Visa Waiver Program.2
An e-Passport contains the security feature of an electronic chip, which holds all of a passenger’s [sic] including name, date of birth and other biographical information. This not only protects privacy and prevents identity theft, but also helps to safely identify a passenger, making travel safer and faster.
Last August, I announced that the Department of Homeland Security and the Department of State would introduce additional or revised security criteria for countries in our Visa Waiver Program,3 including the use of e-Passports for all travelers coming to the U.S. With the passage late last year of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act,4 Congress has mandated that, effective today, all travelers from Visa Waiver countries to the U.S. must have an e-Passport. Travelers who do not have an e-Passport from a Visa Waiver country must obtain a visa to come the U.S.
Our Visa Waiver Program remains a valuable program for lawful trade and travel with our Nation’s most trusted partners, and I am committed to ensuring that it is a secure program as well. The required use of e-Passports is the latest in a series of recent actions that we have taken to strengthen the security of the Program. In the last two years, we have also increased the data collected from travelers from Visa Waiver countries for vetting purposes, and have required increased terrorism and criminal information sharing and increased cooperation on the screening of refugees and asylum seekers with countries in the Visa Waiver Program.
Note: As of March 15, 2016, Canada requires visa-exempt foreign nationals who fly to or transit through Canada to have an Electronic Travel Authorization (eTA). Exceptions include U.S. citizens, and travelers with a valid Canadian visa. During a leniency period from March 15, 2016 until fall 2016, travelers who do not have an eTA will be allowed to board their flight, as long as they have appropriate travel documents, such as a valid passport. Entry requirements for other methods of travel (land or sea) have not changed.
Footnotes
1. Eligible citizens, nationals, and passport holders from designated VWP countries may apply for admission to the U.S. as visitors for business or pleasure for a period of 90 days or less without first obtaining a nonimmigrant visa.
2. The 38 designated countries are Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
3. On August 6, 2015, Department of Homeland Security (DHS or Department) Secretary Jeh C. Johnson announced security enhancements to the Visa Waiver Program (VWP).17 DHS and the Department of State, along with certain other federal agencies, will begin introducing a number of additional or revised security criteria for all participants in the VWP (both new and current members). The new security requirements include:
- use of e-passports for all VWP travelers coming to the U.S.
- use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders
- permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the U.S.
Secretary Johnson pointed out that these security enhancements build on changes DHS made last fall, when it added additional data fields of information in the application (known as the Electronic System for Travel Authorization, or ESTA) of those seeking to travel to the U.S. with Visa Waiver passports. Eligible citizens, nationals, and passport holders from designated VWP countries may apply for admission to the U.S. as visitors for business or pleasure for a period of 90 days or less without first obtaining a nonimmigrant visa. Current designated countries are Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man). See 8 CFR § 217.2.
4. Pub. L. No. 114-113, Div. O, Title II, 129 Stat. 2242 (Dec. 18, 2015). See “DOS and DHS Announce Changes to Visa Waiver Program Affecting Dual Nationals of Iran, Iraq, Sudan, or Syria As Well As Persons Who Have Traveled to Those Countries.
