US Officials Announce Launch of Electronic System Travel Authorization for Visa Waiver Travellers
Last year President Bush signed into law a bill entitled the Implementing the Recommendations of the 9/11 Commission Act of 2007. Among other things, this Act mandated the establishment of a system for obtaining advance electronic travel authorizations from travellers from visa waiver countries seeking to enter the U.S. without visas under the Visa Waiver Program (VWP). On June 3, The Department of Homeland Security announced that the new system, known as the Electronic System Travel Authorization, or ESTA, will begin accepting voluntary online applications on August 1, with registration becoming mandatory on January 12, 2009.
The new ESTA will operate in a similar manner to a program being used by the Australian government. Citizens of the 27 countries currently taking part in the U.S. VWP program (including the UK) will be required to apply for and receive authorization to travel to the U.S. in advance of their departure by filling out and submitting an online ESTA application. The application will require submission of data that currently is provided by travellers arriving by air or sea at U.S. ports of entry on the I-94W landing card, and once it is fully operational the I-94W form will no longer be required from arriving travellers. Travellers will be required to submit the ESTA request at least 72 hours prior to scheduled travel. There will be three possible responses that can be received back following ESTA submission: "Authorization Approved", "Authorization Pending", and "Travel not Authorized". DHS officials expect response time to be minimal. Visa Waiver travellers whose ESTA application is not approved must arrange to apply for a U.S. visa in order to be able to enter the U.S.
ESTA approval, once received, will last for two years or until the traveller obtains a new passport or has some other change to his or her passport data, such as a name change, whichever comes first. This will allow frequent Visa Waiver travellers to benefit from submitting an early ESTA application once the new system becomes operational on August 1. A previously submitted ESTA can also be amended should travel plans change before departure. Initially there will be no fee for ESTA application but one may be imposed at a later date.
Once the ESTA system becomes mandatory all visa waiver travellers, including accompanied and unaccompanied children and regardless of age, will be required to obtain one before travelling to the U.S. . Visa waiver travellers who fail to obtain an ESTA travel authorization after they become mandatory may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.
Advance submission of ESTA applications after August 1 will be a prudent strategy for travellers whose travel plans can be or have been made considerably in advance. Other travellers who need to travel to the United States on short notice will need to keep the 72 hour prior to travel restriction in mind to ensure that the needed authorizations are received prior to embarking for the U.S.
Although the initial phase of ESTA implementation may cause disruptions for some VWP travellers who are unaware of the new program, once it is fully operational it should eliminate the unfortunate situation that now occurs when a visa waiver traveller is denied admission at a U.S. port of entry because of a previous visa overstay or other adverse information in U.S. lookout data bases. By identifying these travellers prior their embarkation for the U.S., ESTA will give them the opportunity to obtain the appropriate visa that will subsequently allow them to enter the U.S. It will also relieve airlines of the responsibility of paying for the return of travellers carried to the United States who are denied admission.
As of August 1 ESTA on-line applications can be submitted through the ESTA web site at https://esta.cbp.ghs.gov. At present the site is under construction and not available. As August 1 approaches we will advise further on how to prepare and submit the ESTA.
ESTA authorizations can be submitted by individual travellers or their agents, and accordingly Magrath LLP will be pleased to request ESTA approvals on behalf of our clients and their employees. This offers you several advantages. Firstly, it will remove the burden of submitting and monitoring pending ESTA requests from your administrative personnel. Secondly, our tracking system will enable us to alert you when previously approved ESTAs are set to expire. Thirdly, if an ESTA should not be approved, we will be able to move immediately to arrange expedited visa appointments for the affected individuals, including the preparation of all documentation necessary to ensure subsequent visa issuance.
Additional helpful information on the new ESTA, including a fact sheet and Frequently Asked Questions, can be accessed on the Department of Homeland Security Website at the following link--http://www.dhs.gov/xnews/releases/pr_1231771555521.shtm and on the U.S. Customs and Border Protection website at www.cbp.gov.