June 03, 2008 - The Department of Homeland Security announced today an interim final rule on the Electronic System for Travel Authorization (ESTA), a new online system for the Visa Waiver Program (VWP). Effective sometime next year, all nationals of VWP countries who plan to travel to the U.S. under the VWP will need to receive an electronic travel authorization prior to departure.

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 online providing the biographical and eligibility information currently required on the paper I-94W form.  The ESTA web-based system will be available for voluntary applications after Aug. 1, 2008.  ESTA will be implemented as a mandatory program 60 days after publication of a notice in the Federal Register.  DHS anticipates that the Secretary of Homeland Security will issue that notice in November 2008, for implementation of the mandatory ESTA requirements on Jan. 12, 2009.

ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States.  If applicants’ destination addresses or itineraries should change after their authorization has been approved, they may easily update that information through the ESTA website.

An approved ESTA travel authorization is valid for up to two years or until the traveler’s passport expires, whichever comes first; is valid for multiple entries into the U.S.; and does not guarantee admissibility to the United States at a port of entry (ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP).

BAL Comment: VWP enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. The VWP benefits are limited to nationals of countries that extend reciprocal privileges to U.S. citizens. Many fear that enactment of the ESTA program will make it more difficult for citizens of countries participating in the VWP to enter the U.S., thereby defeating the purpose of the program. Additionally, enactment of ESTA may encourage other countries to develop similar programs making it cumbersome for U.S. citizens to travel into the countries participating in the VWP.

BAL will provide more information once the final rule has been published.