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How Does a Country Qualify for the United States Visa Waiver Program (ESTA)?

Quick Summary: VWP and ESTA

QuestionAnswer
What is the VWP?Visa Waiver Program, a bilateral program between the U.S. and qualifying countries
What is ESTA?Electronic System for Travel Authorization, the online registration system for VWP citizens
Who benefits?Citizens of the 42 VWP member countries
How long can you stay in the U.S.?Up to 90 days per visit
Current ESTA fee?$21 (increased from $14 under the 2025 Reconciliation Act)
Is Vietnam in the VWP?No
Is the Philippines in the VWP?No
How many countries are currently members?42 countries

The U.S. Visa Waiver Program (“VWP”), Electronic System for Travel Authorization (“ESTA”) is a program of the United States government created to facilitate visa-free travel for eligible citizens from participating countries This program is commonly referred to as ESTA by the general public.

A country qualifying for the  VWP allows citizens of those participating countries to travel to the United States for tourism or business for up to 90 days without requiring a visa.

The U.S. Department of Homeland Security (“DHS”), in collaboration with the U.S. Department of State (“DOS”) and other U.S. agencies, negotiate bilateral agreements with interested countries. These agreements outline mutual requirements and commitments related to security, law enforcement, travel documentation, and information sharing.

Countries must demonstrate a commitment to meet the various security, law enforcement and immigration criteria, including sharing information on known or suspected terrorists, issuing secure biometric passports, and maintaining low rates of visa refusals and immigration violations. They must also agree to adhere to U.S. immigration laws and enforcement measures.

To qualify for VWP, countries must meet certain requirements.

  1. Expression of Interest:
    • A country interested in joining the VWP typically expresses its interest to the U.S. government through diplomatic channels.
    • This signals the beginning of discussions regarding potential eligibility and requirements.
  2. Negotiation of Agreements:
    • Negotiations between the U.S. and the interested country occur to establish the terms of participation in the VWP.
    • These negotiations cover various aspects, including security protocols, data sharing, and reciprocal treatment of travelers.
  3. Legislative and Regulatory Approval:
    • Once an agreement is reached, the process involves legislative and regulatory actions in both the United States and the intending country.
    • In the U.S., relevant agencies such as DHS and the DOS may need to publish regulations and update laws to accommodate the new VWP participant.
  4. Implementation and Monitoring:
    • After approval, the intending country begins implementing necessary measures, such as enhancing passport security features and integrating with U.S. databases for information sharing.
    • Ongoing monitoring ensures compliance with agreed-upon standards and addresses any emerging security concerns.

Foreign nationals of countries that become eligible for the VWP gain the convenience of applying for ESTA authorization to visit the U.S. without being required to apply for a visitor visa. This reduces the time and cost of a visa application. However, individuals must still be able to qualify based on their personal situation. For example, an applicant might still be denied ESTA approval if they have a criminal record, have committed a violation in seeking a medical benefit, or are unable to prove their entry into the U.S. is for a short term, specific purpose.

If you have an U.S. visa or immigration questions, contact us at info@enterlinepartners.com.

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Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

List of All 42 Current VWP Member Countries

RegionVWP Member Countries
Western EuropeAustria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland
Eastern EuropeCzech Republic, Estonia, Hungary, Latvia, Lithuania, North Macedonia, Poland, Romania, Slovakia, Slovenia
Asia-PacificAustralia, Brunei, Japan, South Korea, New Zealand, Singapore, Taiwan
Southeast AsiaSingapore (the only ASEAN member)
OtherAndorra, Chile, Israel, Malta

Note: This list may change as the U.S. adds or removes countries. Always verify the current list at travel.state.gov/visa-waiver-program.

Frequently Asked Questions

What is the difference between VWP and ESTA?

The VWP (Visa Waiver Program) is the bilateral agreement between the U.S. and qualifying countries that eliminates the visa requirement for short-term tourism and business travel. ESTA (Electronic System for Travel Authorization) is the online registration system VWP citizens must complete before traveling to the U.S. VWP is the program; ESTA is how that program is implemented. Without VWP membership, ESTA is unavailable and a standard visa is required.

Are Vietnam and the Philippines part of the VWP?

No. As of 2026, neither Vietnam nor the Philippines is a VWP member. Citizens of both countries must apply for standard U.S. nonimmigrant visas such as B-1/B-2 for tourism and business travel. The primary barrier for both countries is that their B-1/B-2 visa refusal rates and overstay rates remain above the thresholds required for VWP membership.

What is the most important criterion for VWP membership?

The single most important and most difficult criterion to meet is a B-1/B-2 nonimmigrant visa refusal rate below 3% in the prior calendar year. Countries must also maintain low overstay rates, issue biometric e-passports meeting ICAO standards, share terrorism-related intelligence with the U.S., and cooperate in returning deported nationals.

I hold a VWP country passport and a Vietnamese passport. Can I use ESTA?

If you travel to the United States using your VWP country passport (for example a U.S., Australian, Japanese, South Korean or Singaporean passport), you may apply for ESTA provided you do not fall under any of the exclusions. Having Vietnamese or Filipino nationality does not affect ESTA eligibility as long as you are traveling on the VWP passport. However if you have traveled to Iran, Cuba, North Korea, Syria or other listed countries after 2011, ESTA is not available and you must apply for a standard visa.

What is the current ESTA fee and where do I apply?

The current ESTA fee is $21 (increased from $14 under the Reconciliation Act enacted in July 2025). Payment is made directly at the official website esta.cbp.dhs.gov by credit or debit card. Never pay for ESTA through a third-party website as these are typically fraudulent sites that charge significantly higher fees while submitting the same government application.

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