Visa Waiver Program Page: 4 of 18
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Visa Waiver Program
Current Policy
Under the visa waiver program (VWP), the Secretary of Homeland Security,
in consultation with the Secretary of State, may waive the "B" nonimmigrant visa
requirement for aliens traveling from certain countries as temporary visitors for
business or pleasure (tourists).2 Nationals from participating countries simply
complete an admission form (I-94) before their arrival and are admitted for up to 90
days. The VWP constitutes one of a few exceptions under the Immigration and
Nationality Act (INA) in which foreign nationals are admitted into the United States
without a valid visa.
Temporary foreign visitors for business or pleasure from most countries must
obtain a visa from Department of State (DOS) offices at a consular post abroad
before coming to the United States.3 Personal interviews are generally required, and
consular officers use the Consular Consolidated Database (CCD) to screen visa
applicants. In addition to indicating the outcome of any prior visa application of the
alien in the CCD, the system links with other databases to flag problems that may
make the alien ineligible for a visa under the so-called "grounds for inadmissibility"
of the INA, which include criminal, terrorist, and public health grounds for exclusion.
Consular officers are required to check the background of all aliens in the "lookout"
databases, including the Consular Lookout and Support System (CLASS) and
TIPOFF databases.4
The Secretary of Homeland Security administers the VWP program. Section 402 of the
Homeland Security Act of 2002 (HSA; P.L. 107-296), signed into law on Nov. 25, 2002,
states: "The Secretary [of Homeland Security], acting through the Under Secretary for
Border and Transportation Security, shall be responsible for the following: ... (4)
Establishing and administering rules, ... governing the granting of visas or other forms of
permission, including parole, to enter the United States to individuals who are not a citizen
or an alien lawfully admitted for permanent residence in the United States." Prior to Mar.
1, 2003, the Attorney General in consultation with the Secretary of State was responsible
for designating the VWP countries.
2 "B" visa refers to the subparagraph in the Immigration and Nationalization Act (INA
101(a)(15)(B)).
3 To obtain a nonimmigrant visa, individuals submit written applications and undergo
interviews and background checks. For more information on temporary admissions, see
CRS Report RL31381, U.S. Immigration Policy on Temporary Admissions, by Ruth Ellen
Wasem.
4 For more information on visa issuances, see CRS Report RL31512, Visa Issuances: Policy,
Issues, and Legislation, by Ruth Ellen Wasem.
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Visa Waiver Program, report, January 24, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817563/m1/4/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.