The United States Department of Homeland Security ("DHS") recently announced a new Electronic System for Travel Authorization ("ESTA") system that will be required for those entering the United States under the Visa Waiver Program ("VWP"). Once mandatory, all nationals of VWP countries who plan to travel to the United States for temporary business or pleasure will require an approved ESTA before boarding a carrier to travel by air or sea to the United States. This rule does not apply to United States citizens traveling overseas.
To apply for authorization to travel to the United States under the VWP, travelers will log on to the ESTA web-based system and complete an application providing the biographical and eligibility information currently required on the I-94W form that VWP travelers complete at a United States port of entry. The ESTA system will be available for voluntary applications after August 1, 2008, but will not be mandatory until sixty (60) days after publication of a notice in the Federal Register. The DHS anticipates that the notice will be published in November 2008, for implementation of mandatory ESTA requirements on January 12, 2009.
Once an ESTA application has been submitted online, the application will be checked against law enforcement databases. ESTA application data will remain active for the period of time that the ESTA authorization is valid. The DHS will maintain this information for an additional year, and then will archive the data for twelve (12) years to allow retrieval of the information for law enforcement and investigatory purposes.
According to the DHS, in most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP. Possible responses include: Authorization Approved, Travel Not Authorized, or Authorization Pending.
An approved ESTA travel authorization will be:
- Valid for up to two (2) years, or until the traveler's passport expires, which happens first;
- Valid for multiple entries into the United States; and
- Not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the United States under the VWP. In all cases, the Customs and Border Protection ("CBP") officers will make admissibility determinations at United States ports of entry.
How This Affects You:
ESTA authorization is not required at the present time. The system is only voluntary after A ugust 1, 2008, and is not expected to be mandatory until January 2009. Once mandatory, all travelers from VWP countries will be required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the United States under the VWP.
The DHS recommends that an ESTA approval be obtained as soon as a VWP traveler begins to plan a trip to the United States, and no later than seventy-two (72) hours prior to departure.
We will provide further information as soon as it becomes available.
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