ALL VISA WAIVER PROGRAM TRAVELERS MUST HAVE ESTA PRIOR TO TRAVELING TO THE U.S. BEGINNING ON JANUARY 12, 2009

On January 12, 2009, all business and pleasure visitors traveling to the U.S. from a Visa Waiver Program (VWP) country, who do not have valid a U.S. visa stamp in their passport, will be required to obtain an electronic system for travel authorization (ESTA) pre-boarding clearance. The information provided by the applicant to the system will allow the Department of Homeland Security (DHS) to make a preliminary determination of a traveler's eligibility to enter the U.S. The ESTA clearance will need to be presented to the airline or cruise ship at the time of check-in for travel to the United States. As with a visa issued by a U.S. embassy or consulate, the issuance of an ESTA clearance is not a definitive guarantee of admission to the U.S. All final determinations of eligibility for admission to the U.S. will continue to be at the port of entry or pre-flight inspection by Customs and Border Protection (CBP).

The VWP countries presently include Andorra, Australia, Austria, Belgium, Brunei, Czech Republic,Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Republic of Korea, Singapore, Slovenia, Slovak Republic, Spain, Sweden, Switzerland and the United Kingdom. 

In order to be issued an ESTA clearance, the prospective traveler must enter his or her biographic details (name, birthdate, passport information) as well as answer questions related to the travelers' eligibility for admission to the U.S. under the VWP. Although application processing generally takes only a few seconds, we recommend that the prospective traveler allow sufficient time for the ESTA clearance to be issued as it has been reported that it may take up to several hours. For individuals without direct internet access, the ESTA request can be submitted by a friend, relative, travel personnel or other third party. Once queried, the system will provide one of three responses: (1) Travel authorized; (2) Travel Not Authorized; or, (3) Authorization Pending. The authorization pending will be resolved within 72 hours. If an ESTA clearance is not granted, the individual will need to apply for a visa at a U.S. embassy or consulate overseas prior to attempting to travel to the U.S. As visa application processing times vary, we recommend that an individual apply for an ESTA clearance as soon as U.S. travel plans are made.

The ESTA clearance is valid for a period of up to two years or for the duration of validity of the individual's passport as long as the substantive information remains the same (name, gender, citizenship) as well as the responses to the eligibility questions. It is possible to update travel information in the system, such as the duration and purpose or location of the visit, for subsequent U.S. travel; however, this is not required.    We believe that the ESTA clearance process may be cumbersome for international travelers who previously were able to travel to the U.S. with nothing more than their passport, particularly those individuals that are not frequent travelers and have not been made aware of the requirement prior to attempting to check-in at the airport for travel to the U.S. Additionally, it could significantly increase visa wait times at U.S. embassies and consulates, particularly in the VWP countries if more individuals are not travel authorized through the ESTA system.