certain visitors to usa soon to obtain electronic pre approval to board usa bound transport
9 June 2008
 
Affected visitors are those currently eligible to enter the U.S. under the Visa Waiver Program (VWP). DHS says that the new ESTA system aims to close security holes in the VWP, which permits travelers from 27 countries (Visa Waiver Countries) to enter the U.S. for business or tourism stays of 90 days or less without obtaining a visa. ESTA will require that applicants use an online system to electronically provide biographical and VWP eligibility information before traveling to the U.S.

The new system will be available for voluntary use after 1 August 2008. The system will become mandatory following the completion of the rule-making process, which DHS anticipates will be on 12 January 2009. Once ESTA is mandatory, all travelers from VWP countries will be required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the U.S. VWP travelers who fail to obtain an ESTA travel authorization after ESTA becomes mandatory may be denied boarding, or be denied admission at the U.S. port of entry.

Currently, citizens of VWP countries need only to complete a written I-94W form and provide biographical, travel and eligibility information while en route to the U.S. With ESTA, all citizens of VWP countries who plan to travel to the United States for either business or tourism will need to provide this information online prior to their departure for the U.S. and receive an electronic travel authorization prior to boarding a U.S. bound airplane or cruise ship.

ESTA applications may be submitted any time prior to travel to the U.S., and VWP applicants are encouraged to apply for authorization as soon as they begin to plan their trip. If the applicants’ destination addresses or itineraries should change after their authorization has been approved, they may update their travel information through the ESTA website.

To apply for authorization to travel to the U.S. under the VWP, travelers will log onto the ESTA web-based system at https://esta.cbp.dhs.gov/ at least 72 hours prior to their anticipated travel. The ESTA online system will begin accepting voluntary applications on 1 August 2008 and will initially be available only in English. The system website will provide additional language options by 15 October 2008. As with the current I-94W paper system, however, answers on the ESTA system must be provided in English. Please note that until ESTA is mandatory for all VWP travelers, ESTA applicants will still need to complete form I-94W for presentation at a U.S. port of entry.

The system will check the traveler’s information against law enforcement databases, and DHS says that ESTA will provide an almost immediate determination if an individual is eligible for travel. ESTA is supposed to provide one of the following responses: Authorization Approved, Authorization Pending, or Travel Not Authorized. An approved ESTA travel authorization will be valid for up to 2 years or until the traveler’s passport expires, and will be valid for multiple entries into the U.S. If an ESTA applicant is denied authorization online, the applicant will be referred to www.travel.state.gov for information on how to apply for a visa to travel to the U.S.
 
USA Business Immigration Bulleting
June 2008