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Effective January 12, 2009, anyone planning to travel to the U.S. under the Visa Waiver Program (VWP), a program that allows people from certain designated countries to travel to the U.S. for business or pleasure for up to 90 days without first obtaining a visa from a U.S. Consulate, must first obtain travel authorization through a new online system called the Electronic System for Travel Authorization (ESTA).  As of January 12, 2009, travelers from VWP countries must either have a valid clearance from ESTA or have a valid visa in order to board a plane or ship for travel to the U.S.

Effective October 16, 2008, DHS Regulations provide that TN status may now be granted for up to three years at a time. TN status is a nonimmigrant classification that is only available to Canadian and Mexican citizens who are employed in a specific occupational category, such as accountants, engineers, pharmacists, systems analysts, and scientists.

On October 17, 2008, the White House announced the inclusion of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea in the Visa Waiver Program. Already in effect for numerous countries including the United Kingdom, Germany, Australia and Japan, the Visa Waiver Program enables citizens of approved countries to travel to the U.S. for business or tourism without first applying for a business visitor or tourist visa at a U.S. Consulate.