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Who Is Eligible to Use the Visa Waiver Program to enter the United States?

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According to the U.S. Customs and Border Protection, to qualify to use the Visa Waiver Program (VWP) to enter the U.S., you must:

* Intend to enter the United States for 90 days or less;
* Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
* Be a national of the VWP country that issued your passport;
* Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;

* Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form.
* Not pose a safety threat to the United States;
* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
* If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;
* Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a);
* Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
* Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

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Notes:

1. The purpose of your stay in the United States is 90 days or less for tourism or business (if in doubt, travelers should check with the nearest Embassy or Consulate to verify that what they plan to do is considered tourism or business). Transit through the United States is generally permitted. Note that foreign media representatives planning to engage in that vocation in the U.S. are not eligible, as the purpose of their stay does not qualify as “business”.

2. The exception to presenting a machine-readable passport (MRP) valid for six months past their expected stay in the U.S. is if your country has a country-specific agreements providing for an exemptions.

3. The six month validity requirement for passports includes all categories of passports -- regular, diplomatic, and official, when the traveler is seeking to enter the U.S. for business or tourist purposes, for a maximum of 90 days

4. Depending on when VWP travelers’ passports were issued, other passport requirements will apply:

  • Machine-readable passports issued or renewed/extended before 10/26/05 – no further requirements
  • Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06 – digitized photograph on data page or integrated chip with information from the data page
  • Machine-readable passports issued or renewed/extended on or after 10/26/06 – integrated chip with information from the data page (e-passport)

5. VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the U.S. under the VWP for the original admission period. See the Department of Homeland Security’s Customs and Border Protection (CBP) website for additional details. Also VWP nationals resident in Mexico, Canada or adjacent islands are generally exempted from requirements to show onward travel to other foreign destinations.

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You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

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"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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