The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

You can enroll in the Visa Waiver Program if you are planning to transit through the United States to another country. Other activities you can do through the VWP include:

TOURISM ACTIVITIES

• A vacation

• Visiting friends or relatives

• Medical treatment

• Social events

• Participation in musical or sports events, if you’re not being paid to participate

• Enrolling in a short recreational course, for example, a cooking class

 
BUSINESS ACTIVITIES

• Consulting with business associates

• Attending a scientific, educational, or professional conference

• Short-term training where you are not paid by a U.S.-based source. Expenses generally do not count as income.

• Negotiating a contract

The Visa Waiver Program has the same purposes for travel as the B-1/B-2 visa.

If you want to enter the United States through the Visa Waiver Program, you must meet all of the following requirements to be eligible:

• You are a citizen of a Visa Waiver Program country

• You do not have a Visitor Visa

• You are planning to stay in the United States for 90 days or less

• You are traveling to the United States for business or tourism purposes

 
You will also need an e-passport to participate in the VWP. An e-passport has an electronic chip embedded in it that gives your document extra security.

Blumsack & Canzano
In a world of uncertainty, you and your family may want to maximize their choices—both in terms of lifestyle and opportunities. Whatever your motivation, Blumsack & Canzano always has trusted immigration advisors. We deliver comprehensive solutions and a seamless immigration experience for you, your family, and your advisors around the world.

The experienced immigration lawyers at Blumsack & Canzano provide various legal services to employers, employees, individuals, and families in the Boston area and other areas. Immigration issues are complex, and if they are not handled properly, they may have serious impacts. We have an in-depth understanding of immigration law and are committed to providing customers with comprehensive solutions in all areas of immigration law. 

Coordinating related legal issues

A short visit should be planned around the activities actually intended. Visitor visa arrangements and visa-waiver eligibility are different routes. Review the Department of State’s visitor visa guidance together with the itinerary, funding and planned stay. Possession of a travel document should not be treated as permission for every form of work or study.

If travel involves enrollment or a changed study plan, distinguish study from a visit before departure. Student visa and status requirements cannot simply be replaced by visa-waiver travel arrangements. Review the Department of State’s Visa Waiver Program guidance and school documents before assessing the appropriate category, planned activities and any further procedure.

Place personal history, travel arrangements and official notices on a single timeline when preparing for an interview or overseas processing. Interview preparation and assessment of consular delays may involve different agencies. Read the Department of State’s administrative-processing information alongside the case notice, without treating a general process description as a guarantee about the outcome.

For a delayed application, organize receipts, evidence requests, inquiries and documented effects of the delay. USCIS delay issues and consular processing problems require agency-specific analysis. The Department of State’s administrative-processing guidance provides consular context, not a promise of a completion date or a particular litigation outcome.

Begin immigration planning by identifying the application basis and distinguishing petition approval, visa issuance and admission. Permanent-residence eligibility requires a review of the full history, while overall status planning should account for dependents and existing proceedings. Use the USCIS green-card categories to identify the relevant route rather than applying one category’s requirements to another.

Organize identity documents, previous applications and official notices chronologically. Reviewing the filing and status history can reveal inconsistent descriptions; the applicable eligibility category determines which facts need proof. The USCIS green-card application overview provides a starting point, followed by the current instructions for the relevant forms and procedure.

Immigration and tax questions should be evaluated separately when a person arrives, departs or changes status. Status and periods of stay are not the same issue as tax residency and filing obligations. Consult the IRS international taxpayer guidance for the tax analysis, and identify which questions require separate professional review before planning work, travel or asset transfers.

For an employer-related application, compare the job, employment records and descriptions in the filing. Employment-based immigration may need coordinated review with wage and working-relationship issues. The USCIS employment-based green-card guidance provides the framework; an employer’s willingness to support a case does not establish that every eligibility requirement has been met.

A student facing an investigation, discipline or an enrollment change should preserve school notices, policies and deadlines. School procedures and education rights may need to be coordinated with student immigration status. DHS’s Study in the States resources provide information for international students, while the school’s decision and its immigration consequences require separate review.

Personal history, marital status and document dates should be accurately presented in a marriage-related filing. Marriage green-card interview preparation may overlap with marriage, divorce and family-document issues. The USCIS guidance on immediate-relative green cards helps identify the application context, while proving the relationship remains separate from meeting other immigration requirements.