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United States Code (Last Updated: May 24, 2014) |
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Title 8. ALIENS AND NATIONALITY |
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Chapter 12. IMMIGRATION AND NATIONALITY |
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SubChapter II. IMMIGRATION |
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Part II. Admission Qualifications for Aliens; Travel Control of Citizens and Aliens |
§ 1187. Visa waiver program for certain visitors
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(a) Establishment of program The Attorney General and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the “program”) under which the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title may be waived by the Attorney General, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements: (1) Seeking entry as tourist for 90 days or less The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
(2) National of program country The alien is a national of, and presents a passport issued by, a country which— (A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and (B) is designated as a pilot program country under subsection (c) of this section. (3) Machine readable passport (A) In general Except as provided in subparagraph (B), on or after
October 1, 2003 , the alien at the time of application for admission is in possession of a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability.(B) Limited waiver authority For the period beginning October 1, 2003 , and endingSeptember 30, 2007 , the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c) of this section), if the Secretary of State finds that the program country—(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A) are generally available to its nationals; and (ii) has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A). (4) Executes immigration forms The alien before the time of such admission completes such immigration form as the Attorney General shall establish.
(5) Entry into the United States If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations alien to travel to the United States.
(B) Fees (i) In general No later than 6 months after March 4, 2010 , the Secretary of Homeland Security shall establish a fee for the use of the System and begin assessment and collection of that fee. The initial fee shall be the sum of—(I) $10 per travel authorization; and (II) an amount that will at least ensure recovery of the full costs of providing and administering the System, as determined by the Secretary. (ii) Disposition of amounts collected Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established by subsection (d) of section 2131 of title 22. Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System.
(iii) Sunset of Travel Promotion Fund fee The Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after
September 30, 2015 .(C) Validity (i) Period The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.
(ii) Limitation A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.
(iii) Not a determination of visa eligibility A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.
(iv) Judicial review Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.
(D) Report Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the system to— (i) the Committee on Homeland Security of the House of Representatives; (ii) the Committee on the Judiciary of the House of Representatives; (iii) the Committee on Foreign Affairs of the House of Representatives; (iv) the Permanent Select Committee on Intelligence of the House of Representatives; (v) the Committee on Appropriations of the House of Representatives; (vi) the Committee on Homeland Security and Governmental Affairs of the Senate; (vii) the Committee on the Judiciary of the Senate; (viii) the Committee on Foreign Relations of the Senate; (ix) the Select Committee on Intelligence of the Senate; and (x) the Committee on Appropriations of the Senate. (i) Exit system (1) In general Not later than one year after
August 3, 2007 , the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.(2) System requirements The system established under paragraph (1) shall— (A) match biometric information of the alien against relevant watch lists and immigration information; and (B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States. (3) Report Not later than 180 days after August 3, 2007 , the Secretary shall submit to Congress a report that describes—(A) the progress made in developing and deploying the exit system established under this subsection; and (B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States.
References In Text
This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Amendments
2010—Subsec. (h)(3)(B). Pub. L. 111–145 amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary of Homeland Security may charge a fee for the use of the System, which shall be—
“(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
“(ii) available to pay the costs incurred to administer the System.”
Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made technical amendment to reference in original act which appears in text as reference to “subsection (d) of section 2131 of title 22”.
Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), substituted “
2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted heading.
Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added par. (11).
Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “The government of the country certifies that it reports to the United States Government on a timely basis the theft of blank passports issued by that country.”
Subsec. (c)(2)(E), (F). Pub. L. 110–53, § 711(d)(1)(B)(i)(II), added subpars. (E) and (F).
Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” in introductory provisions.
Subsec. (c)(5)(A)(i)(III). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(bb)(AA), substituted “, the Committee on Foreign Affairs, and the Committee on Homeland Security,” for “and the Committee on International Relations” and “, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs” for “and the Committee on Foreign Relations”.
Subsec. (c)(5)(A)(i)(IV). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV).
Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.
Subsec. (c)(5)(B)(iv). Pub. L. 110–53, § 711(d)(1)(B)(ii)(III), added cl. (iv).
Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars. (8) and (9).
Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii), added pars. (10) and (11).
Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted “Secretary of Homeland Security” for “Attorney General” in first sentence and inserted at end “The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.”
Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted “Secretary of Homeland Security” for “Attorney General” in two places and “theft or loss of passports” for “theft of blank passports”.
Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par. (3).
Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec. (i).
2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1), added subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), substituted “2 years” for “5 years” in introductory provisions.
Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par. (5).
2001—Subsec. (a)(3). Pub. L. 107–56, § 417(d), which directed the substitution of “(A) In general.—Except as provided in subparagraph (B), on or after” for “On or after” and the addition of subpar. (B), was executed making the substitution for “On and after” and adding subpar. (B) to reflect the probable intent of Congress.
Pub. L. 107–56, § 417(c), substituted “2003,” for “2007,”.
2000—Pub. L. 106–396, § 101(a)(1), in section catchline struck out “pilot” before “program”.
Subsec. (a). Pub. L. 106–396, §§ 101(a)(2)(A), (B), 403(c), struck out “pilot” before “program” in heading and two places in introductory provisions and inserted concluding provisions.
Subsec. (a)(1). Pub. L. 106–396, § 101(a)(2)(C), substituted “program” for “pilot program period (as defined in subsection (e) of this section)”.
Subsec. (a)(2). Pub. L. 106–396, § 101(a)(2)(D), in heading struck out “pilot” before “program”.
Subsec. (a)(2)(A). Pub. L. 106–396, § 201, inserted “, either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions,” after “to extend)”.
Subsec. (a)(3), (4). Pub. L. 106–396, § 202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 106–396, § 403(a), substituted “, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General pursuant to subsection (e) of this section. The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement” for “which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer”.
Pub. L. 106–396, § 202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6), (7). Pub. L. 106–396, § 202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).
Subsec. (a)(8). Pub. L. 106–396, § 403(b), inserted “or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations” after “regulations”.
Pub. L. 106–396, § 202(a)(1), designated par. (7) as (8).
Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9).
Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out “pilot” before “program” in introductory provisions.
Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading struck out “pilot” before “program”.
Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out “pilot” before “program”.
Subsec. (c)(2). Pub. L. 106–396, § 101(a)(4)(C), in introductory provisions, substituted “subsection (f)” for “subsection (g)” and struck out “pilot” before “program”.
Subsec. (c)(2)(B). Pub. L. 106–396, § 202(b), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens.”
Subsec. (c)(2)(C). Pub. L. 106–396, § 204(a), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country.”
Subsec. (c)(3). Pub. L. 106–396, § 101(a)(4)(D)(i), struck out “(within the pilot program period)” after “fiscal year” in introductory provisions.
Subsec. (c)(3)(A). Pub. L. 106–396, § 101(a)(4)(D)(ii), struck out “pilot” before “program” in two places in introductory provisions.
Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii), struck out “pilot” before “program” in introductory provisions.
Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5).
Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6).
Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7).
Subsec. (e)(1). Pub. L. 106–396, §§ 101(a)(5)(A), 403(d)(1)(A), in introductory provisions, substituted “carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier” in two places and struck out “pilot” before “program”.
Subsec. (e)(1)(B). Pub. L. 106–396, § 101(a)(5)(B), struck out “pilot” before “program”.
Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added subpar. (D).
Subsec. (e)(2). Pub. L. 106–396, § 403(d)(1), substituted “carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier” and “failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier’s failure”.
Subsec. (e)(3). Pub. L. 106–396, § 403(d)(2), added par. (3).
Subsec. (f). Pub. L. 106–396, § 101(a)(6), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “For purposes of this section, the term ‘pilot program period’ means the period beginning on
Subsec. (f)(1)(A), (C). Pub. L. 106–396, § 101(a)(7)(A), (B), struck out “pilot” before “program”.
Subsec. (f)(2) to (4). Pub. L. 106–396, § 101(a)(7)(C)–(E), substituted “as a program country” for “as a pilot program country” in two places in par. (2)(A) and struck out “pilot” before “program” in pars. (3) and (4)(A).
Subsec. (g). Pub. L. 106–396, § 203(b), added subsec. (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h).
1998—Subsec. (c)(2). Pub. L. 105–173, § 3, reenacted heading without change and amended text generally. Prior to amendment, text consisted of introductory provisions and subpars. (A) to (D) relating to low nonimmigrant visa refusal rate for previous 2-year period, low nonimmigrant visa refusal rate for each of 2 previous years, machine readable passport program, and law enforcement interests.
Subsec. (f). Pub. L. 105–173, § 1, substituted “2000” for “1998”.
1997—Subsec. (f). Pub. L. 105–119 reenacted subsec. heading without change and amended text generally, substituting “
1996—Subsec. (a). Pub. L. 104–208, § 635(a)(1), in introductory provisions, substituted “Attorney General, in consultation with the Secretary of State” for “Attorney General and the Secretary of State, acting jointly”.
Subsec. (a)(2)(B). Pub. L. 104–208, § 635(c)(3), struck out “or is designated as a pilot program country with probationary status under subsection (g) of this section” after “subsection (c) of this section”.
Subsec. (b)(2). Pub. L. 104–208, § 308(e)(9), substituted “removal of” for “deportation against”.
Subsec. (c)(1). Pub. L. 104–208, § 635(a)(2), substituted “Attorney General, in consultation with the Secretary of State,” for “Attorney General and the Secretary of State acting jointly”.
Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), substituted “denied admission at the time of arrival” for “excluded from admission”.
Subsec. (d). Pub. L. 104–208, § 635(a)(3), substituted “Attorney General, in consultation with the Secretary of State” for “Attorney General and the Secretary of State, acting jointly”.
Subsec. (f). Pub. L. 104–208, § 635(b), substituted “1997.” for “1996”.
Subsec. (g). Pub. L. 104–208, § 635(c)(1), amended heading and text of subsec. (g) generally. Prior to amendment, text provided authority for Attorney General and Secretary of State to designate countries as pilot program countries with probationary status.
Subsec. (g)(4)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), substituted “denied admission at the time of arrival” for “excluded from admission”.
1994—Subsec. (a)(2)(B). Pub. L. 103–416, § 211(1), inserted before period at end “or is designated as a pilot program country with probationary status under subsection (g) of this section”.
Subsec. (c)(2). Pub. L. 103–416, § 211(3), substituted “Except as provided in subsection (g)(4) of this section, a country” for “A country”.
Subsec. (f). Pub. L. 103–416, § 210, substituted “1996” for “1995.”.
Pub. L. 103–415 substituted “1995” for “1994”.
Subsec. (g). Pub. L. 103–416, § 211(2), added subsec. (g).
1991—Subsec. (a). Pub. L. 102–232, § 307(l)(3), substituted “paragraph (7)(B)(i)(II)” for “paragraph (26)(B)”.
Subsec. (a)(4). Pub. L. 102–232, § 303(a)(1)(A), in heading substituted “into the United States” for “by sea or air”.
Subsec. (b). Pub. L. 102–232, § 303(a)(1)(B), made technical amendment to heading.
Subsec. (e)(1). Pub. L. 102–232, § 303(a)(2), substituted “subsection (a)(4)” for “subsection (a)(4)(C)”.
1990—Subsec. (a)(2). Pub. L. 101–649, § 201(a)(1), inserted “, and presents a passport issued by,” after “is a national of”.
Subsec. (a)(3). Pub. L. 101–649, § 201(a)(2), in heading substituted reference to immigration forms for reference to entry control and waiver forms, and in text substituted “completes such immigration form as the Attorney General shall establish” for “—
“(A) completes such immigration form as the Attorney General shall establish under subsection (b)(3) of this section, and
“(B) executes a waiver of review and appeal described in subsection (b)(4) of this section”.
Subsec. (a)(4). Pub. L. 101–649, § 201(a)(3), added par. (4) and struck out former par. (4) which waived visa requirement for certain aliens having round-trip transportation tickets.
Subsec. (a)(7). Pub. L. 101–649, § 201(a)(4), added par. (7).
Subsec. (b). Pub. L. 101–649, § 201(a)(5), redesignated subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out subsec. (b) heading “Conditions before pilot program can be put into operation” and pars. (1) to (3) which related to prior notice to Congress, automated data arrival and departure system, and visa waiver information form, respectively.
Subsec. (c)(1). Pub. L. 101–649, § 201(a)(6)(A), substituted in heading, “In general” for “Up to 8 countries” and in text substituted “any country as a pilot program country if it meets the requirements of paragraph (2)” for “up to eight countries as pilot program countries for purposes of the pilot program”.
Subsec. (c)(2). Pub. L. 101–649, § 201(a)(6)(B), substituted “Qualifications” for “Initial qualifications” in heading and “A country” for “For the initial period described in paragraph (4), a country” in introductory provisions, and added subpars. (C) and (D).
Subsec. (d). Pub. L. 101–649, § 201(a)(7), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101–649, § 201(a)(7), (8), redesignated subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101–649, § 201(a)(7), (9), redesignated subsec. (e) as (f) and substituted “on
1988—Pub. L. 100–525, § 2(p)(1), made technical amendment to directory language of Pub. L. 99–603, § 313(a), which enacted this section.
Subsec. (a). Pub. L. 100–525, § 2(p)(2), substituted “hereinafter” for “hereafter”.
Change Of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Effective Date Of Amendment
Pub. L. 110–53, title VII, § 711(d)(2),
Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Amendment by section 303(a)(1), (2) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Pub. L. 102–232, title III, § 307(l),
Pub. L. 101–649, title II, § 201(d),
Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
Miscellaneous
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Pub. L. 110–53, title VII, § 711(b),
Pub. L. 107–56, title IV, § 417(a), (b),
Pub. L. 106–396, title IV, § 403(e),
Pub. L. 104–208, div. C, title VI, § 635(c)(2),
Pub. L. 101–649, title II, § 201(c),
Pub. L. 99–603, title IV, § 405,