Poland has been designated into the Visa Waiver Program (VWP). Starting November 11, 2019, eligible citizens and nationals of Poland will be able to travel to the United States without a visa for tourism and business trips of up to 90 days.
What is VWP?
The VWP is administered by Department of Homeland Security and enables eligible citizens or nationals of designated countries traveling on passports with embedded computer chips, and who have successfully obtained an Electronic System for Travel Authorization (ESTA) to visit the United States for tourism or business for stays of 90 days or less without first obtaining a visa. Visitors who enter the United States under the VWP are not permitted to extend their stay beyond the initial admission period or change status in the United States.
In most case, an approved ESTA will be valid for two years. A new ESTA must be obtained if the foreign visitor (1) receives a new passport, including an emergency or temporary passport; (2) changes his/her name; (3) changes his/her gender; (4) changes his/her country of citizenship; or (5) needs to change his/her responses to any of the “yes” or “no” questions on the ESTA application.
Generally, an applicant who previously was denied a U.S. visa, or who has a history of other incidents that could affect visa eligibility, such as a criminal conviction or previous U.S. immigration violation, will not receive an approved ESTA, and thus cannot travel visa-free. Any traveler who is denied an ESTA can apply for a U.S. visa at a U.S. embassy or consulate.
Citizens and nationals wishing to visit the United States for longer than 90 days, or who wish to engage in activities not permitted under the VWP (e.g., to work or to study for credit in the United States) will still need to apply for the appropriate category of visa.
VWP Does Not Guarantee Entry
An approved ESTA allows a foreign visitor to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States, but an approved ESTA does not guarantee entry into the United States. The Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States.
Travel through the VWP is an attractive option due to its convenience. However, it is important to keep in mind that certain travel purposes are not permitted on the VWP, such as study, employment, and pursuing permanent residence in the United States. The line between permissible business activities and those that constitute employment or may be perceived as such is not always clear. Should a business visitor’s intended activities fall under this gray area, it is important to consult immigration counsel prior to finalizing any plan to travel on the VWP.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
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