The U.S. Department of Homeland Security (DHS) has recently announced the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program (VWP). ESTA is an automated system used to determine the eligibility of visitors to travel to the United States under the VWP and whether such travel poses any law enforcement or security risk. Please note that you will be unable to enter the United States under the VWP unless you have already obtained an ESTA prior to travel.
Obtaining ESTA approval, for most travellers, will be simple and easy. To apply for your ESTA, please visit the ESTA Web site at https://esta.cbp.dhs.gov. A third party, such as a relative or travel agent, is permitted to submit an ESTA application on behalf of a VWP traveller.
Although the ESTA scheme is already in operation on a voluntary basis, it is anticipated that mandatory ESTA requirements will begin on 12 January 2009. Once ESTA is mandatory, all nationals or citizens of VWP countries who plan to travel to the United States under the VWP will be required to hold an ESTA prior to boarding a US-bound aeroplane or vessel.
The ESTA travel authorisation is not a visa. It does not serve in lieu of a US visa when a visa is required under US law. Individuals that possess a valid visa will still be able to travel to the United States on that visa for the purpose it was issued. Individuals travelling on valid visas will not be required to apply for an ESTA.
An ESTA approval only authorises a traveller to board a carrier for travel to the United States under the VWP. In the same way that a valid visa does not constitute a determination of admissibility, an approved ESTA is not a guarantee of admissibility to the United States at a port of entry. Once a traveller's ESTA application has been successfully completed and submitted online, the application will be queried against appropriate law enforcement databases. In most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP.
As part of your ESTA application, you will be required to provide (in English) biographical data including name, birth date, and passport information, as well as travel information such as the flight number and destination address in the United States. You will also be required to answer VWP eligibility questions regarding communicable diseases, arrests and convictions for certain crimes, and past history of visa revocation or deportation, among others.
An approved ESTA travel authorisation is:
• Valid for up to two years or until the traveller's passport expires, whichever comes first
• Valid for multiple entries into the U.S.
• Not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorises a traveller to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry. (For additional information, please visit "Know Before You Go" at www.cbp.gov/travel.)
If any part of your stay in the US is affected by a change after your authorisation has been approved, you will need to update that information through the ESTA website. If you do not receive an ESTA approval after the rule becomes mandatory you may be denied boarding, experience delayed processing, or be denied admission at a US port of entry. Please note if you have acquired a new passport or have had a change in name or other identifying biographical information, a new application must be submitted.
ESTA will provide validity dates upon approval of the application.
For further information go online at https://esta.cbp.dhs.gov.