The Visa Waiver Program

Q: What is the Visa Waiver Program and why is it helpful?

A: The Visa Waiver Program is a system where foreign nationals who are citizens of certain countries can, by mutual agreement between the U.S. and these countries, enter the U.S. for brief visits without first obtaining a visa stamp from a U.S. Embassy or Consulate abroad. This saves the significant time needed to apply for a B-1 or B-2 visa stamp and enables foreign nationals to enter on short notice to meet urgent business needs or take impromptu vacations.

Q: For what purposes can the foreign national visit the U.S. on the Visa Waver Program?

A: Essentially, the foreign national can do the same things on visa waiver as a foreign national entering on a traditional B-1/B-2 visitor visa with a visa stamp. In other words, vacations, business meetings, conferences and in some limited circumstances training or work for the overseas company pursuant to a contract with a U.S. company are acceptable for individuals entering under the visa waiver program.

Q: Once in the U.S. under the Visa Waiver Program, can a foreign national change to some other status to work for a U.S. employer?

A: No - a foreign national entering under the visa waiver program can not change to another nonimmigrant status, unlike an individual entering under the B-1/B-2 visitor visa. A person in the U.S. on the Visa Waiver program would need to leave the country and re-enter in the new visa status.

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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.