8 C.F.R. § 217.2

Eligibility

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(a) Definitions. As used in this part, the term:

Carrier refers to the owner, charterer, lessee, or authorized agent of any commercial vessel or commercial aircraft engaged in transporting passengers to the United States from a foreign place.

Designated country refers to any country currently designated by the Secretary for participation in the Visa Waiver Program. DHS maintains a list of designated countries at https://www.dhs.gov/visa-waiver-program.

Round trip ticket means any return trip transportation ticket in the name of an arriving Visa Waiver Program applicant on a participating carrier valid for at least 1 year, electronic ticket record, airline employee passes indicating return passage, individual vouchers for return passage, group vouchers for return passage for charter flights, and military travel orders which include military dependents for return to duty stations outside the United States on U.S. military flights. A period of validity of 1 year need not be reflected on the ticket itself, provided that the carrier agrees that it will honor the return portion of the ticket at any time, as provided in Form I-775, Visa Waiver Program Agreement.

(b) Special program requirements—(1) General. In addition to meeting all of the requirements for the Visa Waiver Program specified in section 217 of the Act, each applicant must possess a valid, unexpired passport issued by a designated country and obtain a travel authorization via the Electronic System for Travel Authorization (ESTA) as provided in § 217.5.

(2) Persons previously removed as deportable aliens. Aliens who have been deported or removed from the United States, after having been determined deportable, require the consent of the Attorney General to apply for admission to the United States pursuant to section 212(a)(9)(A)(iii) of the Act. Such persons may not be admitted to the United States under the provisions of this part notwithstanding the fact that the required consent of the Attorney General may have been secured. Such aliens must secure a visa in order to be admitted to the United States as nonimmigrants, unless otherwise exempt.

(c) Restrictions on manner of arrival—(1) Applicants arriving by air and sea. Applicants must arrive on a carrier that is signatory to a Visa Waiver Program Agreement and at the time of arrival must have a round trip ticket that will transport the traveler out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination.

(2) Applicants arriving at land border ports of entry. Any Visa Waiver Program applicant arriving at a land border port of entry must provide evidence to the CBP officer of financial solvency and a domicile abroad to which the applicant intends to return. An applicant arriving at a land border port of entry will be charged a fee as prescribed in § 103.7(d)(5) of this chapter for issuance of Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. A round-trip transportation ticket is not required.

(d) Aliens in transit. An alien who is in transit through the United States is eligible to apply for admission under the Visa Waiver Program, provided the applicant meets all other program requirements.

[62 FR 10351, Mar. 6, 1997, as amended at 62 FR 50999, Sept. 30, 1997; 64 FR 42007, Aug. 3, 1999; 67 FR 7945, Feb. 21, 2002; 68 FR 10957, Mar. 7, 2003; 73 FR 67712, Nov. 17, 2008; 73 FR 79597, Dec. 30, 2008; 75 FR 15992, Mar. 31, 2010; 77 FR 64411, Oct. 22, 2012; 79 FR 17854, Mar. 31, 2014; 84 FR 60318, Nov. 8, 2019; 85 FR 46925, Aug. 3, 2020; 86 FR 54031, Sept. 30, 2021; 87 FR 18980, Apr. 1, 2022; 88 FR 67065, Sept. 29, 2023; 89 FR 78785, Sept. 26, 2024; 89 FR 105392, Dec. 27, 2024]

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1992–2026 · leading case: Bradley v. Attorney Gen. of the United States, 603 F.3d 235 (3rd Cir. 2010).

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Bradley v. Attorney Gen. of the United States, 603 F.3d 235 (3rd Cir. 2010). · cites it 2× “officers with a “completed, signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form,” 8 C.F.R. § 217.2 (b)(1), expressly waiving, inter alia, any “right .”

Beskovic v. Gonzales, 467 F.3d 223 (2d Cir. 2006). “II 2002); 8 C.F.R. § 217.2 (2006). He applied for asylum to the Immigration and Naturalization Service, which referred the application to an IJ who conducted a merits hearing on March 26, 2004, and rendered a decision the same day.”

Gustavo Nardea v. Jefferson Sessions III, 876 F.3d 675 (4th Cir. 2017). · cites it 2× “” 8 C.F.R. § 217.2 (b)(1). Completing the waiver form is thus a prerequisite to admission under the program.”

Besime Kanacevic v. Immigr. & Naturalization Serv., 448 F.3d 129 (2d Cir. 2006). “Because Kanacevie arrived in this country using a Slovenian passport, she was processed as a participant in the Visa Waiver Program, in which aliens from certain countries, including Slovenia, may visit the United States for 90 days or less without a visa.”

Vasconcelos v. Lynch, 841 F.3d 114 (2d Cir. 2016). · cites it 3× “8 C.F.R. § 217.2 (b)(1); Bayo v. Napolitano, 593 F.”

Vera v. Attorney Gen. of the United States, 672 F.3d 187 (3rd Cir. 2012). · cites it 3× “The Department has implemented this statutory requirement through regulations requiring that a VWP applicant, prior to admission to the United States, present United States officers with a “completed, signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form,” 8 C.F.R.…”

Bayo v. Napolitano, 593 F.3d 495 (7th Cir. 2010). “*499 See 8 C.F.R. § 217.2 (a). The VWP operates through a reciprocal waiver arrangement: the United States waives its visa requirement, and in exchange, the visitor waives her right to contest admissibility determinations or removal (except for asylum).”

O'Riordan v. Barr, 925 F.3d 6 (1st Cir. 2019). “" 8 C.F.R. § 217.2 (b)(1). The alien must also complete a travel authorization under the Electronic System for Travel Authorization ("ESTA").”

MOMENT v. Chertoff, 521 F.3d 1094 (9th Cir. 2008). “See 8 C.F.R. § 217.2 . 12 . 8 U.S.C. § 1187 (a).”

Johana Cece v. Eric Holder, Jr., 668 F.3d 510 (7th Cir. 2012). · cites it 4× “1 See 8 C.F.R. § 217.2 . Dr. Bernd Fischer, a professor of Balkan history at Indiana University, testified about the pervasive sex trafficking in Albania.”

Kanagasundram, 22 I. & N. Dec. 963 (BIA 1999). “4 are not limited to aliens who are actually nationals of VWPP designated countries, but specif- ically encompass individuals who present fraudulent and counterfeit travel documents from such countries.”

Handa v. Crawford, 312 F. Supp. 2d 1367 (W.D. Wash. 2004). · cites it 2× “See 8 C.F.R. § 217.2 (a). Citizens of the designated countries may enter the United States in a visitor’s status by presenting a passport and completing a I-94W Nonimmigrant Visa Waiver Arrival/Departure form.”

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