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.

The ESTA system is accessible online now at https://esta.cbp.dhs.gov. There is currently no fee for this form. The ESTA requests information that is identical to that previously requested on the I-94W and filled out en route to the U.S. According to Customs and Border Protection, the ESTA wlil enable the VWP to be expanded to more countries because it will allow DHS to determine, in advance of travel, whether an individual is eligible to travel to the U.S. under the VWP and whether such travel "poses a law enforcement or security risk."

CBP recommends that ESTA clearances be submitted "as early as possible" to ensure there is sufficient time to process the clearance. Although DHS states that "applications for last-minute or emergency travel will be accommodated," it is unclear how this will occur or work in practice. Once approved, however, travel authorization is valid for multiple entries for a two year or until the passport expires, whichever comes first. Name, gender or citizenship changes or acquisition of a new passport will require submission of a new ESTA application. In addition, travelers should remember that ESTA approval does not guarantee admission to the U.S. and that an individual's ultimate admissibility to the U.S. will continue to be made at the border.

Currently, the countries enrolled in the VWP include Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. As previously reported, on October 17, the President announced that the VWP would be expanded to include the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic. DHS has announced that nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Republic of Korea and the Slovak Republic will be able to travel without a visa for tourist and business travel of 90 days or less beginning on November 17 provided they possess a biometric passport and register on-line through the Electronic System for Travel Authorization (ESTA).