Most people, if they want to come to the US temporarily, need a visa.   They have to pay the visa application fee, go on-line and fill out an extensive visa application, schedule an appointment at the consulate, bring relevant supporting evidence regarding their reason for coming to the US and, often, their ties to their home country, and then hope that they get approved for the visa.   If they do get approved for the visa, they still have to go through border processing where they border guards have the full authority to refuse them entry if the border guard believes that they are entering for the wrong purpose — for example, if they want to work while here on a tourist visa.

Canadians have it quite a bit easier.   They do not have to apply for a visa for a temporary visit, they just come up to the border and bring the evidence to show why they qualify to be admitted.  The lack of a visa requirement is partly because Canada and the US have had a close relationship for many years, and there is a lot of business that goes on between the US and Canada.   But also because Canada has always had a good economy, and very few people come from Canada to the US with the intent to stay permanently.

However, there are a number of countries around the world who also have good economies, who have close economic ties with the US, and whose citizens rarely overstay their visas to the US.   These are countries like those found in Europe, Japan, South Korea, Singapore, Taiwan and Australia.   For these countries, the US has developed the Visa Waiver program.   The Visa Waiver program allows certain citizens of these countries to visit the US without a visa if they are coming as B visitors.   People from those countries who wish to come under other visa categories will still need to get a visa.

Most visits to the US (whether as tourists or for business purposes) are done under the B visitor category.   Remember, the B category allows persons to visit if they want to tour or visit friends or family or volunteer or for business purposes, but they are not allowed to work in the US.   Also, they must have significant ties to their home country, and a residence outside of the US which they do not intend to abandon.   Because there are some many people from these countries who come to the US in B status, having the Visa Waiver program frees up time at the consulates for other types of visas, and it makes it easier for the free flow of information, business, and, of course, tourists bringing money to spend.

The Visa Waiver program is pretty straightforward.   You need to go to the ESTA (Electronic System for Travel Authorization) website, https://esta.cbp.dhs.gov/esta/esta.html, and complete the on-line application and pay the small fee (currently $14).  If you are approved by ESTA, then you may use that ESTA approval to travel to the US for up to two years (or the expiration of your passport if that is less than two years).   You do not need a visa, you can just get on the plane and come to the US.    You still need to be prepared for questions about your intent in coming to the US — they are looking for people who might want to work in the US or who might intend on staying in the US, or who have other improper intents — but, in general, since you are from a Visa Waiver country, they expect that you are coming for a proper purpose and intend to abide by the terms of the B visitor category.  They generally do not give a lot of hassle to people who are coming on the Visa Waiver program, but if they think that you are not going to abide by the rules, they will forbid you entrance to the US.

There are a few things to remember about the Visa Waiver program.   First off, to use it, you need to have an e-passport.   That is a passport with an electronic chip in it.  Most visa waiver countries have transitioned to an e-passport, but if your passport is older, it might not be an e-passport.

Also, a person who comes on Visa Waiver is more restricted than a person who comes on a B visa or who comes from Canada.   If you enter under the Visa Waiver program, you are given 90 days.   You cannot be given more than 90 days, and you must leave within those 90 days.   You cannot extend your stay here in the US past 90 days.   You are free to leave for a day or two and then return to the US under the Visa Waiver program for another 90 days, but, of course, there is no guarantee that they will let you back in.   And, if you do that too often, they will be suspicious, and will probably not let you back in.

If they deny you entry even one time, you are no longer allowed to use the Visa Waiver program to come to the US.   Even if you feel that they improperly refused to allow you to enter, you will never again be allowed to come under the Visa Waiver program.   You can always go and apply for a B visa and, if you get one, come back, but you will not be allowed back under Visa Waiver.   Of course, if they do deny you entrance under the Visa Waiver program, it might be difficult to get a B visa for a number of years, but, eventually, you will probably be able to get a B visa to return to the US.

Another limitation is that a person who enters on Visa Waiver cannot change his non-immigrant status.   In other words, you cannot enter in B status and then change to F status or to R status or any other status.    The only changes you can make are to get married to a US citizen and file for a green card based on your marriage to the US citizen.    However, as I have pointed out before, you are not allowed to enter the US with the intent to file for a green card.

An important point to also know about Visa Waiver is that when you sign up for Visa Waiver, you waive (give up) your rights to defend yourself against deportation.    If they decide that you have violated your status and want to deport you, they can, and you don’t have any right to contest that in court.  This is not likely to happen often, but it does happen.

Also, check back next week for a more recent restriction on travel under the Visa Waiver program if you have recently visited certain Islamic countries.

The Visa Waiver program is very useful for people from certain countries who want to come for a short trip to the US.   It won’t work for everybody, but for most people who are citizens of the Visa Waiver countries, it opens up a quick, easy way to come and visit.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consulate an attorney if you think any of this may apply to your situation.