Visa Waiver Program: This programme started out as the "visa waiver pilot program" in 1986 and was made permanent in 2000. Citizens of 36 countries (see below) may use the programme to enter the US as a business or tourist visitor for up to 90 days, without needing to obtain a visa beforehand.

To use the Visa Waiver Program you must be a citizen of a participating country (see list below). Being a "permanent resident" of one of these countries is not sufficient. You must also be travelling on a scheduled flight or ship (if arriving on a private jet or ship you will need a B-1/B-2 visa) and must have a return ticket. You should also be able to demonstrate that you have the financial resources to support yourself during your stay in the US. Please note that if you intend travelling under the visa waiver program your passport must be valid for at least 90 days from the date on which you plan to enter the US. If it isn’t you will only be given permission to stay in the US until the date your passport expires (if you are a citizen of Andorra, Brunei, or San Marino, your passport must be valid for at least six months from the date of your intended departure from the US).

Electronic System for Travel Authorization ("ESTA")

On 12th January 2009 the US Department of Homeland Security ("DHS") implemented the Electronic System for Travel Authorization ("ESTA") for anyone wishing to travel to the US on the VWP.

Under the ESTA, travellers to the United States seeking admission under the VWP must apply on-line for pre-departure travel authorization. Applications are made at https://esta.cbp.dhs.gov and, once the traveller’s information is submitted, the application is queried against various law enforcement databases. In most cases, the system will provide an almost immediate determination of eligibility for travel under the VWP. It should, however, be noted that having ESTA approval (which is not a visa) does not guarantee admission to the United States. The final decision as to whether or not any traveller (including visa holders) can be admitted rests with the US Customs and Border Protection (immigration) officers. However, the ESTA does serve as a predetermination of eligibility for VWP travel. An ESTA registration will remain valid for two years although there are instances in which a new registration will be required, such as change of passport, name or other identifying biographical information.

VWP travellers are not required to have specific plans to travel to the United States before making an ESTA application and DHS recommends that ESTA approval be obtained as soon as the traveller begins to plan a trip to the US. DHS also advises that applications should be made no later than 72 hours before departure to the US. As decisions on ESTA applications are made almost immediately upon submitting the information on-line, ESTA can accommodate last-minute and emergency travellers. However, since some applications may require additional processing, it is strongly recommended that applications are not left to the 72 hours before the intended departure, unless this is unavoidable due to the urgent nature of the trip.

Applications for ESTA will be denied when an applicant is determined to be ineligible for VWP travel to the US. For more information on ineligibility please refer to the US Department of State’s website at http://travel.state.gov/visa/temp/without/without_1990.html#national. If ESTA authorisation is not given, the applicant will be referred to the United States Department of State website (at http://travel.state.gov) for information on how to apply for a US visa. Applicants who are denied authorisation will be eligible to re-apply ten days after making an unsuccessful application; however, unless circumstances have changed, there is little chance that any subsequent application will be approved. Moreover, applicants with an urgent need to travel to the United States whose applications are denied will not be granted emergency appointments at US embassies or consular posts. Therefore, since applicants are not required to have already made plans to visit the United States when making an ESTA application, anyone thinking that he or she may not be eligible to use the VWP may want to register now to allow as much time as possible in case an application for a visa must be made before travelling to the US.

Warning - You may not travel to the US on the VWP if you have previously been denied entry into the US or if you have been deported or removed from the US. Also note that, if you have had a prior arrest (no matter how many years ago) you may be considered ineligible for admission and may need to obtain a B-1/B-2 or other appropriate visa.

Also, citizens of all participating countries are required to have a "machine readable" passport in order to enter the US under the Visa Waiver Program. Those without such a passport will be required to obtain a visa or apply for a new compliant passport.

Countries participating in the visa waiver programme:

Andorra Australia Austria Belgium Brunei 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 San Marino Singapore Slovakia Slovenia South Korea Spain Sweden Switzerland United Kingdom*

* For full British citizens only - a passport indicating that the holder is a British Subject, British Dependent Territories Citizen, British Overseas Citizen, British National (Overseas) Citizen, or British Protected Person does not enable the holder for travel without a visa.

B-1/B-2 visas: B-1 visas (for business purposes) and B-2 visas (for tourists and social visitors) are usually issued as a combined “B-1/B-2 visa”. These can be issued for periods up to ten years and permit entry for up to six months per trip. Many visitors can make use of the visa waiver program and may choose not to obtain a visa at all before travelling, however, there are many situations where obtaining a B-1/B-2 is advisable, or even essential. Two immediate advantages of the B-1/B-2 visa category over the Visa Waiver Program are that it allows for people to file for extensions of their visitor status beyond the maximum six months granted on arrival (from within the US) and that, in certain circumstances it may be possible to switch or adjust status from visitor to some other form of status, such as student. The extension process is complex and professional advice should be obtained before attempting to file an in-country extension.

B -1 visas: The B-1 (business visa) allows foreign nationals to travel to the United States to engage in business discussions, meetings, negotiations, litigation, participation in scientific, educational professional or business conventions etc. A person may attend meetings to serve as a Director on the board of a US corporation and similar business but not "work" related activities. Generally, an individual entering the United States with a B-1 visa must not be going to work in the United States and must continue to be employed abroad. Professional athletes who are not receiving salaries but only potential prize monies may enter in this category to compete in competitions. Nannies and domestic workers accompanying their foreign employers may enter the US and work for their foreign employer during the trip if they hold a B-1 visa. The B-1 visa allows entry into the US for periods of up to one year; although in practice a much shorter period of stay is generally granted and may be in line with the required purpose of the trip, for example two weeks for a one week conference etc. Having a B-1 visa does not guarantee entry into the US. It is good practice for employees to carry a letter from their employer explaining the nature of the company’s business and the purpose of the proposed business trip.