Adding Countries to the Visa Waiver Program: National Security and Tourism Considerations
Congressional research reportOct 8, 2024
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Adding Countries to the Visa Waiver Program:
National Security and Tourism
Considerations
Updated October 8, 2024
Congressional Research Service
https://crsreports.congress.gov
R46300
SUMMARY
Adding Countries to the Visa Waiver Program:
National Security and Tourism Considerations
The Visa Waiver Program (VWP), which allows citizens of certain countries to visit the United
States for up to three months without a visa, has two explicit missions: to enhance national
security and to boost the U.S. travel and tourism sectors. A concern for Congress is whether the
VWP, in contrast to its mission, exposes the United States to security threats despite
implementation of strict security requirements for participating countries over recent years. At
the same time, because of long-standing congressional interest in promoting the U.S. travel and
tourism sectors, many lawmakers support adding more countries to the VWP. On September 24,
2024, the Secretary of Homeland Security, in consultation with the Secretary of State, designated
Qatar into the VWP, bringing the number of participating countries to 42.
R46300
October 8, 2024
Abigail F. Kolker,
Coordinator
Analyst in Immigration
Policy
Adam G. Levin
Analyst in Economic
Development Policy
A key goal of the VWP is to improve standards for aviation security and travel documents, and
improve information-sharing by law enforcement in countries around the world. To qualify for the VWP, countries must
issue electronic passports, report information on all lost and stolen passports to the International Criminal Police
Organization (INTERPOL), and share information on travelers who may pose a terrorist or criminal threat. Every VWP
traveler must obtain preclearance to board a flight to the United States through the Electronic System for Travel
Authorization (ESTA). Supporters of the VWP see admission into the program as an incentive for foreign countries to
increase their security infrastructure and information-sharing with the United States. A competing view is that despite
security improvements, including generally disallowing individuals to travel under the VWP if they had traveled to a country
known as a terrorist sanctuary, the program remains a national security vulnerability.
Foreign travel from VWP countries to the United States—as with foreign travel to the United States from non-VWP
countries—has fluctuated over the past five years. In 2019, there were 23.8 million arrivals to the United States from VWP
countries. In 2020, as the COVID-19 pandemic struck, there were 4.0 million arrivals to the United States from VWP
countries. In 2023, the number of arrivals to the United States from VWP countries had rebounded to 18.4 million. Assessing
recent visitor trends does not necessarily yield clear conclusions on VWP’s impact on U.S. tourism. For example, the average
number of arrivals to the United States from non-VWP countries has increased at a higher rate over the past decade than it
has from VWP countries.
In recent Congresses, some legislative proposals related to the VWP have sought to expand the number of participating
countries or to add restrictions to VWP membership. Other proposals have related to VWP’s security goals. In addition, in
recent years Congress has passed tourism-related legislation, which became law that affected both VWP and non-VWP
countries. In the 117th Congress, the Restoring Brand USA Act (Division FF of the Consolidated Appropriations Act, 2022
[P.L. 117-103]) provided access to $250 million in one-time funding to the Corporation for Travel Promotion, a national
tourism promotion program also known as Brand USA. Also in the 117 th Congress, the Visit America Act (Subtitle A, Title
VI, Division BB of the Consolidated Appropriations Act, 2023 [P.L. 117-328]) authorized the creation of a new Assistant
Secretary of Commerce for Travel and Tourism within the Department of Commerce with responsibility for, among other
things, establishing an annual goal for international visitors to the United States and producing an annual forecast of the U.S.
tourism industry. At the end of the 116 th Congress, in December 2019, Congress authorized the continued use of the ESTA
fee to partially fund Brand USA through September 30, 2027. Congress also raised the ESTA fee to generate additional
funding for Brand USA, which went into effect on May 20, 2022.
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Contents
Introduction ..................................................................................................................................... 1
Visa Waiver Program Designation................................................................................................... 2
Nonimmigrant Visitor Visa Refusal Rate Versus Overstay Rate ........................................ 4
Adding and Removing Countries .................................................................................................... 5
Aspiring VWP Countries........................................................................................................... 7
Countries Removed from the VWP .......................................................................................... 9
National Security ........................................................................................................................... 10
Electronic System for Travel Authorization (ESTA)............................................................... 10
Security Debate ........................................................................................................................ 11
Country-to-Country Security Agreements ........................................................................ 12
Individual VWP Traveler Screening ................................................................................. 13
Recent Trends in the U.S. Travel and Tourism Economy .............................................................. 14
Global Competitiveness of the U.S. Travel and Tourism Sectors ........................................... 15
U.S. Visitor Trends from VWP Countries ............................................................................... 16
Economic Impact of Adding New Countries to the VWP ....................................................... 17
The VWP and U.S. Travel Promotion Efforts ......................................................................... 18
Selected Recent Legislative Activity ............................................................................................. 19
Figures
Figure 1. Current Visa Waiver Program Countries .......................................................................... 2
Figure 2. Participating Countries by Year of Designation into the VWP ........................................ 6
Figure 3. Nonimmigrant Visitor Visa Refusal Rate Versus Overstay Rate for Selected
Aspiring VWP Countries .............................................................................................................. 9
Tables
Table 1. Travel and Tourism GDP Contribution and Direct Employees, 2018-2022 .................... 15
Table 2. U.S. Arrivals, VWP and non-VWP Countries, 2015-2019 and 2020-2023 ..................... 17
Table A-1. Temporary Visitors from Aspiring VWP Countries,
2009, 2019, 2020, and 2022 ....................................................................................................... 22
Appendixes
Appendix A. Temporary Visitors to the United States for Business or Pleasure from
Selected Aspiring VWP Countries ............................................................................................. 22
Appendix B. Selected Immigration Inspections Databases and Systems ...................................... 23
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Contacts
Author Information........................................................................................................................ 24
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Introduction
The U.S. government’s Visa Waiver Program (VWP) allows eligible nationals1 from 42 countries2
to enter the United States for stays of up to 90 days for tourism or business purposes without
applying for a visa from a U.S. embassy or consulate (see Figure 1).3 Originally established in
1986 as a pilot program, the VWP was made permanent in 2000.4
This report offers an overview of the VWP, discusses the potential effects on national security,
and considers the potential economic effects on the U.S. travel and tourism industries if more
countries were to be added to the program. The report also reviews recent legislative proposals
related to the expansion and implementation of the VWP, and legislation targeting U.S. travel
promotion, including the Brand USA program, which Electronic System for Travel Authorization
(ESTA) fees partially fund.
1 In this report, the term national refers to a person who is a citizen of or who owes permanent allegiance to a state.
2 Throughout this report, the term country is used to describe VWP members. However, the VWP can and does include
jurisdictions that the United States does not formally recognize as countries.
3 Canada and Bermuda do not participate in the VWP but their citizens do not need to obtain a nonimmigrant visa
except in specified circumstances. For more information, see U.S. State Department, Bureau of Consular Affairs,
“Citizens of Canada and Bermuda,” at https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-ofcanada-and-bermuda.html.
4 P.L. 106-396.
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Figure 1. Current Visa Waiver Program Countries
As of October 2024
Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, San
Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and
the United Kingdom
Source: CRS presentation of data from the Department of Homeland Security, “Visa Waiver Program
Requirements,” at https://www.dhs.gov/visa-waiver-program-requirements.
Note: While the term country is used to describe VWP members, the VWP can and does include jurisdictions
that the United States does not formally recognize as countries.
Visa Waiver Program Designation
The Department of Homeland Security (DHS), in consultation with the Department of State
(DOS), has the authority to designate countries into the VWP. The Secretary of State must
formally make the nomination; DHS then conducts a final review and certifies that the aspiring
country meets all the requirements. To be eligible, a country must comply with an extensive list
of conditions specified in several different laws. It must
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offer reciprocal privileges to U.S. citizens;5
5 P.L. 99-603.
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have had a nonimmigrant visitor visa6 refusal rate7 of less than 3% for the
previous year or a lower average percentage over the previous two fiscal years;8
issue electronic, machine-readable passports9 that contain a biometric identifier
(known as e-passports);10
certify that it issues tamper-resistant, machine-readable visa documents that
incorporate biometric identifiers, which are verifiable at the country’s port of
entry;11
certify that it has in place mechanisms to validate machine-readable passports
and e-passports at each port of entry;12
enter into an agreement with the United States to report or make available
through International Criminal Police Organization (INTERPOL) information
about the theft or loss of passports no later than 24 hours after a theft or loss is
reported to the VWP country;13
certify, to the maximum extent allowed under its laws, that it is screening each
foreign national who is admitted or departs, using relevant INTERPOL databases
and notices, or other means designated by the Secretary of Homeland Security
(this requirement only applies to countries that have an international airport);14
accept the repatriation of any citizen, former citizen, or national against whom a
final order of removal from the United States is issued no later than three weeks
after the order is issued;15
enter into and fully implement an agreement with the United States to share
information regarding whether a national traveling to the United States represents
a threat to U.S. security or welfare;16 and
be determined, by the Secretary of Homeland Security, in consultation with the
Secretary of State, not to compromise the law enforcement or security interests of
the United States by its inclusion in the program.17
6 Nonimmigrants are foreign nationals who are admitted for a designated period of time and a specific purpose. Visitor
visas are for tourism and business. This report uses the term nonimmigrant visitor visa to refer to temporary visas for
tourism and/or business. For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary)
Admissions to the United States.
7 For more information, see the section, “Nonimmigrant Visitor Visa Refusal Rate Versus Overstay Rate.”
8 Originally, to qualify for the Visa Waiver Pilot Program countries needed to have had an average nonimmigrant
refusal rate of no more than 2% over the past two fiscal years with neither year going above 2.5% (P.L. 99-603).
However, P.L. 105-173 added the criterion that a country could have a nonimmigrant refusal rate of less than 3% for
the previous year to qualify for the program.
9 P.L. 106-396, P.L. 107-56.
10 P.L. 107-173, P.L. 114-113.
11 P.L. 108-458.
12 P.L. 114-113.
13 P.L. 110-53, P.L. 114-113. INTERPOL is an inter-governmental organization that enables its 196 member countries
to share information on crime and criminals.
14 P.L. 114-113.
15 P.L. 110-53.
16 P.L. 110-53.
17 P.L. 114-113.
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As of October 8, 2024, 32 European countries, 7 Asia-Pacific countries, 1 South American
country, and 2 Middle Eastern countries are in the program (see Figure 1).
Nonimmigrant Visitor Visa Refusal Rate Versus Overstay Rate
One of the VWP criteria—the nonimmigrant, or temporary, visitor visa refusal rate—has been the
subject of scrutiny by Congress. This rate represents the proportion of individuals whose
applications for tourist or business visas have been rejected by U.S. consular officials in their
home countries. When the VWP was conceived, some legislators argued that the number of
nonimmigrants who overstay the terms of their entry under the VWP would be a better standard
for future program participation, as the nonimmigrant visitor visa refusal rate is not based on the
actual behavior of nonimmigrants.18 However, at the time DHS did not have reliable data on
overstays. While overstay data have since improved,19 DHS still has challenges measuring visitor
departures via land ports of entry. For instance, while DHS relies on information from air and sea
passenger manifests to identify arriving and departing visitors, persons entering by air or sea but
exiting at a land port of entry may be mischaracterized as overstays.20
Advocates of expanding the VWP contend that the 3% nonimmigrant visitor visa refusal rate
criterion, which has been a significant barrier to entry into the VWP, should be replaced with the
overstay rate, or the refusal rate should be raised and used in conjunction with the overstay rate.21
Some advocates for adding additional countries to the VWP have called for the return of the
nonimmigrant visitor visa refusal rate waiver, which was available from October 2008 to July
2009.22 The waiver allowed DHS to admit into the VWP countries that had met all of the security
requirements, if the prospective VWP countries had a low overstay rate and a declining
nonimmigrant visitor visa refusal rate that was below 10% in the previous fiscal year.23 Due to
this waiver, eight countries that otherwise would not have qualified for the VWP were added in
18 U.S. Congress, House Committee on the Judiciary, Visa Waiver Permanent Program Act, report together with
additional views to accompany H.R. 3767, 106th Cong., 2nd sess., H.Rept. 106-564 (Washington, DC: GPO, 2000), p.
32. Of note, although the refusal rate was seen as a proxy for the overstay rate when the program was conceived, people
are denied visas for reasons other than being unable to prove that they will not remain illegally in the United States
(i.e., they are intending immigrants). During the visa application process, consular officers must confirm that an alien is
not ineligible for a visa under any of the grounds for inadmissibility of the Immigration and Nationality Act (INA),
such as having a criminal history, engaging in terrorist activity, or having previously violated U.S. immigration law.
(For more information, see CRS In Focus IF12662, Immigration: Grounds of Inadmissibility.) Although most visitor
visa denials are because the applicant has not adequately demonstrated that they are not an intending immigrant, there
are other reasons a person could be denied a visa that are captured as part of a country’s visa refusal rate.
19 See CRS Report R47848, Nonimmigrant Overstays: Overview and Policy Issues.
20 For example, a 2019 Government Accountability Office (GAO) report says there are “existing limitations in
collecting departure data in the land environment.” See GAO, Department of Homeland Security: Review of the Fiscal
Year 2017 Entry/Exit Overstay Report, GAO-19-298R, February 22, 2019, p. 3, at https://www.gao.gov/products/
GAO-19-298R.
21 Testimony of Steven Bucci, Director of the Douglas and Sarah Allison Center for Foreign and National Security
Policy at the Heritage Foundation, in U.S. Congress, House Committee on Homeland Security, Subcommittee on
Border and Maritime Security, Combatting Terrorist Travel: Does the Visa Waiver Program Keep Our Nation Safe?,
hearings, 114th Cong., 1st sess., March 17, 2015, H.Hrg, 114-8 (Washington, DC: GPO, 2015).
22 The waiver was authorized in P.L. 110-53 but was subsequently suspended until the United States fully implements a
biometric air exit system. For more information, see CRS Report RL32221, Visa Waiver Program.
, §711) as an overstay rate that does not meet the maximum
overstay rate established by the Secretary of Homeland Security and the Secretary of State for countries receiving
waivers of the nonimmigrant visitor visa refusal rate to participate in the VWP. A declining nonimmigrant visitor visa
refusal rate is defined as a sustained reduction in visa refusal rates and an expectation of continued decline.
23 A low overstay rate is defined in statute (P.L. 110-53
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2008.24 Currently, the Secretary of Homeland Security’s authority to waive the nonimmigrant
visitor visa refusal rate is suspended25 until the airline passenger exit system is able to match an
alien’s biometric information with relevant watchlists and manifest information.26
The latest DHS overstay report reflects data from FY2022. VWP countries had an estimated
average overstay rate of 1.32%, whereas non-VWP countries had an average rate of 7.18%.27
Israel and Qatar, which had not yet been admitted to the VWP in FY2022, had a DHS-estimated
overstay rate of 0.89% and 1.31%, respectively.28
Adding and Removing Countries
Since the establishment of the VWP, the number of participating countries has been increased
several times, and two countries have been removed. The United Kingdom was the first country
to be admitted, in July 1988, followed by Japan in December of the same year (see Figure 2). Six
countries were added in 1989. An additional 13 countries were admitted in 1991, eight countries
joined from 1993 to 1999, and another eight countries were admitted in 2008.29 Since 2010,
Greece, Taiwan, Chile, Poland, Croatia, Israel and, most recently, Qatar have been added.
Argentina and Uruguay are the only two countries that have been removed from the program, in
2002 and 2003, respectively.
24 These were the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Slovakia, and South Korea.
25 The suspension of the waiver is required by P.L. 110-53
, §711.
26 As mandated by various statutes (e.g., P.L. 108-458 and P.L. 110-53) and Executive Order 13780, Customs and
Border Protection (CBP) has been developing a biometric exit system for years. For more information, see DHS,
Transportation Security Administration and U.S. Customs and Border Protection: Deployment of Biometric
Technologies, Report to Congress, August 30, 2019, and CRS Report R47541, Immigration: The U.S. Entry-Exit
System.
27 This rate reflects visitors for business or pleasure only, not all temporary admissions from non-VWP countries (e.g.,
the rate does not reflect admissions of students or temporary workers). DHS, “Fiscal Year 2022 Entry/Exit Overstay
Report,” June 21, 2023, https://www.dhs.gov/sites/default/files/2023-07/
23_0707_FY22_FY23_CBP_Integrated_Entry_Exit_Overstay_Report.pdf.
28 Ibid.
29 These countries received a waiver for the nonimmigrant visa refusal rate; see the section, “Nonimmigrant Visitor
Visa Refusal Rate Versus Overstay Rate.”
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Figure 2. Participating Countries by Year of Designation into the VWP
1988-2024
Source: CRS analysis of data from U.S. Department of Homeland Security, Visa Waiver Program Requirements,
http://www.dhs.gov/visa-waiver-program-requirements.
Israel and Qatar: The Latest VWP Additions
Prior to Israel’s designation into the VWP, Israeli officials had been vocal about wanting to enter the program,30
but the country faced challenges meeting certain criteria. For instance, Israel’s Biometric Database Law prohibits
sharing fingerprint data with foreign authorities. However, in 2017 the United States and Israel reportedly came to
an agreement to share fingerprint data only for those with a criminal background.31 Another obstacle was that
Israel had not met the 3% nonimmigrant visitor visa refusal rate criterion; it had not fallen below 3% since 2007.
From FY2008-FY2021, the rate had vacillated between 3.0% and 8.6%; however, in FY2022 the rate dropped to
2.27%. Yet another hurdle for Israel to overcome was equal treatment of U.S. citizens. Israel has been accused of
discriminating against Arab Americans.32 Moreover, American citizens who were registered with the Palestinian
30 See, for example, Amy Spiro, “Israel a candidate for visa waiver program, says top US official,” Times of Israel,
October 27, 2021, at https://www.timesofisrael.com/israel-a-candidate-for-visa-waiver-program-says-top-us-official/.
31 Stuart Winer, “Israel nearing long-sought visa waiver deal with US—ministers,” Times of Israel, November 13,
2017, at https://www.timesofisrael.com/israel-nearing-long-sought-visa-waiver-deal-with-us-ministers/.
32 Ran Dagoni, “U.S. State Dep’t: Israel Won’t Get Visa Waiver So Fast,” Globes, November 15, 2017, at
https://en.globes.co.il/en/article-us-state-dept-israel-wont-get-visa-waiver-so-fast-1001211881. This was also
referenced in an archived version of the DOS’ International Travel page about Israel, the West Bank and Gaza: “Some
U.S. citizens of Arab or Muslim heritage (including Palestinian-Americans) have experienced significant difficulties
and unequal and occasionally hostile treatment at Israel’s borders and checkpoints. U.S. citizens who have traveled to
Muslim countries or who are of Arab, Middle Eastern, or Muslim origin may face additional questioning by
immigration and border authorities.” https://web.archive.org/web/20230420150251/https://travel.state.gov/content/
travel/en/international-travel/International-Travel-Country-Information-Pages/IsraeltheWestBankandGaza.html.
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Authority population registry could not enter Israel without advanced permission.33 As explained in a DHS press
release, in order to address this,
Israel made updates to its entry policies to meet the VWP requirement to extend reciprocal privileges to all
U.S. citizens without regard to national origin, religion, or ethnicity. DHS monitored Israel’s compliance with
these requirements and engaged with Palestinian-Americans both living in the West Bank and living in the
United States, who now have the ability to enter Israel visa free.34
Thus, Israel met the final criterion and, on September 27, 2023, was designated into the VWP by Secretary of
Homeland Security Alejandro Mayorkas, in consultation with Secretary of State Antony Blinken.35 Starting on
October 19, 2023, Israeli citizens and nationals could apply for ESTA. 36
Qatar was designated into the VWP on September 24, 2024.37 According to the DHS press release:
Secretary Mayorkas and Secretary Blinken commend Qatar for meeting the stringent security requirements
to join the Visa Waiver Program (VWP). Qatar has been an exceptional partner for the United States, and
our strategic relationship has only grown stronger over the past few years. This is further evidence of our
strategic partnership and our shared commitment to security and stability. By meeting the VWP
requirements, Qatar becomes the first Gulf country to enter the program and we encourage additional
partners to meet all program requirements to allow for entry into the program in the interest of advancing
bilateral and regional security cooperation.38
In FY2023, Qatar’s nonimmigrant visitor visa refusal rate was 2.53%.39 Starting no later than December 1, 2024,
Qatar citizens and nationals will be able to apply for ESTA.40
Aspiring VWP Countries
Many countries would like to join the VWP. In 2005, the George W. Bush Administration began
providing countries interested in joining the VWP with road maps to aid them in meeting the
program’s criteria. The original 13 aspiring countries were Bulgaria, Cyprus, Czech Republic,
Estonia, Greece, Hungary, South Korea, Latvia, Lithuania, Malta, Poland, Romania, and
Slovakia.41 Of these, 10 have since been admitted. This report examines a selected number of
aspiring VWP countries: Argentina, Brazil, Bulgaria, Cyprus, Romania, and Uruguay (see Figure
3).42
33 DOS, “Israel, the West Bank and Gaza,” archived webpage, https://web.archive.org/web/20230420150251/https://
travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/
IsraeltheWestBankandGaza.html.
34 DHS, “Secretary Mayorkas and Secretary Blinken Announce Designation of Israel into the Visa Waiver Program,”
press release, September 27, 2023, https://www.dhs.gov/news/2023/09/27/secretary-mayorkas-and-secretary-blinkenannounce-designation-israel-visa-waiver.
35 Ibid.
36 DOS, “Visa Waiver Travel for Israeli Citizens,” https://travel.state.gov/content/travel/en/News/visas-news/visawaiver-travel-for-israeli-citizens.html.
37 DHS, “Designation of Qatar for the Visa Waiver Program,” 89 Federal Register 78783, September 26, 2024,
https://www.govinfo.gov/content/pkg/FR-2024-09-26/pdf/2024-22050.pdf.
38 DHS, “Secretary Mayorkas and Secretary Blinken Announce Designation of the State of Qatar into the Visa Waiver
Program,” press release, September 24, 2024, https://www.dhs.gov/news/2024/09/24/secretary-mayorkas-andsecretary-blinken-announce-designation-state-qatar-visa.
39 DOS, Adjusted Refusal Rate – B-Visas Only by Nationality Fiscal Year 2023, https://travel.state.gov/content/dam/
visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY23.pdf.
40 DHS, “Secretary Mayorkas and Secretary Blinken Announce Designation of the State of Qatar into the Visa Waiver
Program,” press release, September 24, 2024, https://www.dhs.gov/news/2024/09/24/secretary-mayorkas-andsecretary-blinken-announce-designation-state-qatar-visa.
41 Croatia joined the European Union in 2013, which might explain its absence from this list.
42 While the Bush Administration specified these 13 “road map,” or aspiring, VWP countries, no subsequent
(continued...)
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Three currently aspiring countries—Bulgaria, Cyprus, and Romania—are the only EU countries
not in the VWP. U.S. citizens are permitted to travel to all the EU member states for short-term
business or tourism purposes without a visa, whereas citizens of the three EU countries that are
not VWP participants need a visa to travel to the United States. The European Commission has
pointed out that the United States is the only country on the EU’s visa-free list that does not fully
reciprocate, adding that “visa reciprocity is a fundamental principle of the European Union’s
common visa policy.”43 The European Union considered suspending its visa waiver for U.S.
nationals in 2017, but decided not to do so.44
Brazil is often included in reports about aspiring VWP countries.45 It recently made changes to its
visa policy for U.S. citizens. In June 2019, Brazil introduced visa-free entry for U.S. citizens and
citizens of three other countries, reportedly to stimulate tourism.46 Argentina and Uruguay are
also often included as aspiring VWP countries, as they are the only two countries to ever have
been removed from the VWP (see the section, “Countries Removed from the VWP”).
As previously mentioned (see the section, “Nonimmigrant Visitor Visa Refusal Rate Versus
Overstay Rate”), advocates of expanding the VWP contend that the 3% nonimmigrant visitor visa
refusal rate criterion, which has been a significant barrier to entry into the VWP, should be
replaced with the overstay rate. Figure 3 shows the nonimmigrant visitor visa refusal rates and
the DHS-estimated overstay rates for selected aspiring VWP countries47 from the most recent
fiscal year in which both metrics are available. None of these countries had a nonimmigrant
visitor visa refusal rate of less than 3% in FY2022.
administration has publicly released a list of aspiring VWP countries. CRS identified aspiring VWP countries based on
multiple sources, such as think tank publications, travel industry sources, and news reports.
43 European Commission, “Visa non-reciprocity: Commission takes stock of progress and developments,” press release,
December 18, 2018, https://ec.europa.eu/commission/presscorner/detail/en/IP_18_6821.
44 European Commission, “Visa Reciprocity: Commission responds to Parliament,” press release, May 1, 2017,
https://ec.europa.eu/commission/presscorner/detail/en/IP_17_1148. In 2018, the European Union (EU) announced that
before travel, visitors from all visa-free countries will need to complete an online application similar to the U.S. ESTA
system, and they will be required to pay a fee of €7 to use the European Travel Information and Authorization System
(ETIAS). ETIAS will apply to people traveling to 30 European countries. ETIAS is expected to be operational in 2025.
An approved ETIAS will be valid for three years or the date of passport expiration (whichever happens first), and it can
be used for stays for up to 90 days. For more information, see EU, “New requirement to travel to Europe,” at
https://travel-europe.europa.eu/etias/what-etias_en.
45 See, for example, Ruth Ellen Wasem, “The U.S. Visa Waiver Program: Facilitating Travel and Enhancing Security,”
Chatham House, October 25, 2017, at https://www.chathamhouse.org/sites/default/files/publications/research/2017-1025-us-visa-waiver-wasem.pdf; U.S. Travel, Brazil: International Inbound Travel Market Profile, November 20, 2019,
p. 3, at https://www.ustravel.org/research/brazil-international-inbound-travel-market-profile-2018.
46 Michele Herrmann, “Brazil Waives Entry Visa Requirements for U.S. Citizens,” Forbes, March 21, 2019, at
https://www.forbes.com/sites/micheleherrmann/2019/03/21/brazil-waives-entry-visa-requirements/#5c7380833470.
47 See the “Aspiring VWP Countries” section for a discussion of how these countries were selected.
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Figure 3. Nonimmigrant Visitor Visa Refusal Rate Versus Overstay Rate
for Selected Aspiring VWP Countries
Source: CRS, with data compiled from U.S. State Department, Adjusted Refusal Rate–B-Visas Only by Nationality
Fiscal Year 2022; and DHS, FY2022 Entry/Exit Overstay Report, Table 3.
Notes: Data are from the most recent year for which statistics are available for both metrics.
Countries Removed from the VWP
A country can be terminated from the program if the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that a country’s participation in the VWP
undermines U.S. law enforcement, including immigration enforcement.48
Argentina and Uruguay are former members of the VWP. Argentina joined in 1996, and the
United States removed it in 2002 after poor economic conditions in the country led to an increase
in the number of Argentine nationals entering the United States without visas and remaining
illegally past the 90-day period of admission.49 Uruguay joined in 1999, and it was removed in
2003 because a recession led to an increasing number of Uruguayan citizens entering the United
States under the VWP to live and work illegally.50
48 U.S. law includes provisions for termination of a country’s membership in the VWP after periodic evaluations of a
country’s continued designation as well as for emergency terminations (8 U.S.C. §1187(c)(5)(A) and (B)). Countries
are evaluated based on “law enforcement and security interests of the United States (including the interest in
enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and
procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate
United States law)” (8 U.S.C. §1187(c)(5)(A)).
49 In addition, many Argentine nationals were trying to use the VWP to obtain entry to the United States solely for the
purpose of proceeding to the Canadian border and pursuing an asylum claim in Canada. According to Citizenship and
Immigration Canada, between 1999 and 2001 more than 2,500 Argentines filed refugee claims in Canada after
transiting the United States under the VWP. Department of Justice (DOJ), Immigration and Naturalization Service
(INS), “Termination of the Designation of Argentina as a Participant Under the Visa Waiver Program,” 67 Federal
Register 7944, February 21, 2002.
50 In 2002, Uruguayan nationals were two to three times more likely than all nonimmigrants, on average, to have been
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National Security
Enhancing national security is a key goal of the VWP. Over the years, Congress has continued to
add security criteria for VWP participation.51 One of the VWP’s most significant security
additions was ESTA, which was put in place in 2009 and is administered by DHS. In addition,
several laws require VWP partner countries to share information with the United States and to set
standards for travel documentation. Nevertheless, debate remains as to whether the VWP
sufficiently vets individual travelers prior to arrival at a U.S. port of entry.
Electronic System for Travel Authorization (ESTA)
Before traveling to the United States, a VWP traveler must submit biographical information
through DHS’s ESTA. This web-based application checks the traveler’s information against
relevant law enforcement and security databases and determines eligibility for travel under the
VWP. ESTA alerts the foreign national whether he or she has been approved to travel.52 If not
approved, the individual must obtain a visa prior to coming to the United States. This normally
involves making an appointment for an interview with a U.S. consular official who will determine
whether the individual is eligible for a U.S. visa, a process that could delay the individual’s
departure for the United States.53
ESTA became fully operational for all VWP visitors traveling to the United States by airplane or
cruise ship on January 12, 2009.54 Beginning on October 1, 2022, VWP travelers entering by land
were required to obtain ESTA authorization.55 Prior to the implementation of ESTA, the first time
a foreign national traveling under the VWP to the United States was screened was after checking
in for a flight to the United States at a foreign airport. Under the current system, at the time a
foreign national submits an ESTA application (at least 72 hours before travel), he or she is
screened against a number of security databases, including the Terrorist Screening Dataset
(TSDS);56 TECS (not an acronym), a system used by U.S. Customs and Border Protection
officers to screen arriving travelers to the United States;57 the Automated Targeting System; and
denied admission at the border. Uruguayan air arrivals had an apparent overstay rate more than twice that of the
average apparent overstay rate for all air-arrival nonimmigrants. DOJ, INS, “Attorney General’s Evaluations of the
Designations of Belgium, Italy, Portugal, and Uruguay as Participants Under the Visa Waiver Program” 68 Federal
Register 10954, March 7, 2003.
51 For a legislative history of the VWP, see CRS Report RL32221, Visa Waiver Program.
52 In most cases, the ESTA decision is almost instantaneous. Under statute, ESTA determinations are not reviewable by
the courts.
53 In addition, temporary vistor visa applicants must pay a processing fee. It is currently $185. DOS, “Fees for Visa
Services,” https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html.
54 VWP countries that received a waiver of the nonimmigrant refusal rate (i.e., Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Malta, Slovakia, and South Korea) had to use ESTA starting on the date of their formal admission to
the program. For all these countries (except Malta, which was admitted at the end of 2008) that date was November 17,
2008. DHS, “Electronic System for Travel Authorization (ESTA) Advisory Statement,” November 6, 2008; and DHS,
“Electronic System for Travel Authorization: Mandatory Compliance Required for Travel Under the Visa Waiver
Program,” 73 Federal Register 67354, November 13, 2008.
55 The ESTA authorization is used instead of the paper I–94W Nonimmigrant Visa Waiver Arrival/ Departure Record
(Form I–94W) that was previously required for noncitizens from VWP travelers at land ports of entry. DHS,
“Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders,” 87 Federal
Register 18967, April 1, 2022, https://www.govinfo.gov/content/pkg/FR-2022-04-01/pdf/2022-06366.pdf.
56 Formerly called the Terrorist Screening Database (TSDB).
57 TECS, managed by DHS, is an updated version of the Treasury Enforcement Communications System.
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INTERPOL’s Lost and Stolen Passport database. Appendix B offers an explanation of these
systems and databases.
An ESTA authorization is generally valid for multiple entries over a period of two years.
Throughout this period, the ESTA system continually vets approved individuals’ information
against these databases. DHS can revoke an ESTA approval if new derogatory information is
discovered.58 In addition, the validity period can be shortened at any time for any reason.59 ESTA
only screens against biographical security databases; VWP travelers do not submit biometric
information (e.g., fingerprints and photographs) until they reach a U.S. port of entry, at which
point their biometrics are run through multiple security databases.
Notably, a determination under ESTA that a foreign national is eligible to travel to the United
States does not constitute a determination that the individual is admissible. The foreign national
may still be deemed inadmissible and denied entry by CBP inspectors upon arrival at a U.S. port
of entry.60
Travelers who use ESTA pay a $21 fee.61 The fee includes $4 to cover the costs of administering
ESTA and $17 for the travel promotion fee established by Congress in the Travel Promotion Act
of 2009.62
Security Debate
Although there tends to be agreement that the VWP benefits the U.S. economy by facilitating
tourism (see the section, “Recent Trends in the U.S. Travel and Tourism Economy”),
disagreement exists about VWP’s effect on national security. The VWP contains provisions that
affect national security at two levels: country-to-country security agreements and individual
traveler security screening.
58 Testimony of Hillary Batjer Johnson, Deputy Coordinator for Homeland Security, Screening, and Designations
Bureau of Counterterrorism, U.S. Department of State, in U.S. Congress, House Committee on Oversight and
Government Reform, Subcommittees on National Security and Government Operations, The President’s Waiver of
Restrictions on the Visa Waiver Program, hearings, 114th Cong., 2nd sess., February 10, 2016, H.Hrg. 114-104
(Washington, DC: GPO, 2017).
59 P.L. 114-113, Division O, Title II, Section 207 gave the Secretary of Homeland Security the authority to issue a
shortened ESTA validity period.
60 A foreign national will be denied entry if he or she is found to be inadmissible under any of the Immigration and
Nationality Act’s grounds of inadmissibility (8 U.S.C. §1182(a)). For more information, see CRS In Focus IF12662,
Immigration: Grounds of Inadmissibility.
61 DHS, Customs and Border Protection, “DHS, CBP Announce Interim Final Rule for ESTA Fee,” press release,
August 6, 2010; and DHS, “Changes to the Visa Waiver Program To Implement the Electronic System for Travel
Authorization (ESTA) Program and the Fee for Use of the System,” 80 Federal Registrar 32267, June 8, 2015.
62 The fee was instituted on September 8, 2010. Originally the fee was $14: $4 to cover the costs of administering
ESTA and $10 for the travel promotion fee established by Congress in the Travel Promotion Act of 2009 (§9 of P.L.
111-145) and extended until September 30, 2020, by Title VI of P.L. 113-235. (DHS, Customs and Border Protection,
“DHS, CBP Announce Interim Final Rule For ESTA Fee,” press release, August 6, 2010). P.L. 116-94, Division I,
Title VIII reduced the amount available for travel promotion to $7 per traveler. Of the remainder, $4 continued to go to
CBP to cover the costs of administering ESTA, and $10 was directed to the U.S. Treasury for the general fund. Title
VIII of P.L. 116-94 further extended it until September 30, 2027. In 2019, Congress approved raising the ESTA fee
from $14 to $21, which went into effect on May 20, 2022. DHS continues to receive $4 and the remaining $17 goes to
the travel promotion fee. (DHS, CBP, “Electronic System for Travel Authorization (ESTA) Fee Increase,” 87 Federal
Register 30769, May 20, 2022.)
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Country-to-Country Security Agreements
To participate in the VWP, countries must agree to share information with the United States about
lost passports, known and suspected terrorists, and serious criminals.63 Since 2015, the Secretary
of Homeland Security had been authorized to immediately suspend a country’s participation in
the VWP if the country fails to provide information related to security threats.64 In 2022,
congressional interest in the parameters of information-sharing agreements increased after a
British national traveled to the United States under the VWP and held four congregants hostage at
a synagogue in Texas. During a Senate Committee on Homeland Security and Governmental
Affairs hearing, a DHS official stated that this individual
had several criminal and potentially terrorist related interactions with the UK government.
However, none of these resulted in information that rose to the threshold for passing to the
United States. And so the Department is looking to reevaluate the information sharing
agreements we have under the Visa Waiver Program and looking for opportunities to close
any gaps.65
The VWP also sets standards for participating foreign countries’ passports, visas, and border
security. As previously mentioned, VWP countries must issue biometric e-passports and tamperresistant, machine-readable visa documents. Furthermore, since December 2017, DHS requires
VWP countries to use U.S. counterterrorism information to screen travelers crossing their
respective borders and to implement certain aviation security measures.66
Foreign countries’ participation in the VWP allows the United States to monitor their border
security operations. Since 2002, DHS is statutorily obligated to assess and report on VWP
countries’ compliance with VWP criteria every two years.67 Thus, to remain in the program
participating countries are subject to regular audits of their security operations, which include
“rigorous and thorough inspection of airports, seaports, land borders, and passport
production/issuance facilities as well as continuous monitoring.”68 According to DHS, “no other
program enables the U.S. Government to conduct such broad and consequential assessments of
foreign partners’ border security operations.”69
63 For example, VWP countries must provide data on lost and stolen passports (LASP) through INTERPOL, share
information on known and suspected terrorists pursuant to Homeland Security Presidential Directive 6 (HSPD-6), and
have signed the Preventing and Combating Serious Crime (PCSC) Agreements, which require them to share
information on potential serious criminals and terrorists with the United States.
64 P.L. 114-113, Title II.
65 Testimony of Stephanie Dobitsch, Deputy Under Secretary for Intelligence Enterprise Operations in the Office of
Intelligence and Analysis at DHS, in the U.S. Senate, Senate Committee on Homeland Security and Governmental
Affairs, Violent Extremism and Terrorism: Examining the Threat to Houses of Worship and Public Spaces, 117th
Cong., 2nd sess., March 16, 2022, https://www.hsgac.senate.gov/media/reps/portman-at-hearing-on-violent-extremismand-terrorism-in-the-us-lets-tighten-things-up-and-avoid-another-colleyville-situation/.
66 DHS, “Secretary Kirstjen Nielsen Announces Targeted Security Enhancements to the Visa Waiver Program,” press
release, December 15, 2017, at https://www.dhs.gov/news/2017/12/15/secretary-kirstjen-nielsen-announces-targetedsecurity-enhancements-visa-waiver.
67 P.L. 107-53, §711. According to a 2016 GAO report, DHS needs to improve the timeliness of these biannual reports;
GAO, Visa Waiver Program: DHS Should Take Steps to Ensure Timeliness of Information Needed to Protect U.S.
National Security, GAO-16-498, May 2016.
68 Testimony of Hillary Batjer Johnson, Deputy Coordinator for Homeland Security, Screening, and Designations
Bureau of Counterterrorism, in U.S. Department of State, U.S. Congress, House Committee on Oversight and
Government Reform, Subcommittees on National Security and Government Operations, The President’s Waiver of
Restrictions on the Visa Waiver Program, hearings, 114th Cong., 2nd sess., February 10, 2016, H.Hrg. 114-104
(Washington, DC: GPO, 2017), p. 27.
69 Ibid.
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The possibility of joining the VWP is an incentive for aspiring VWP countries to share such
information and improve their border security. According to DHS, “many countries not in the
VWP complete program requirements in the hope of joining the program.”70 For participating
countries that wish to remain in the VWP program, DHS acknowledges that “VWP requirements
provide our allies with the impetus to implement security measures that can sometimes be
politically challenging for them, like amending legislation and updating their data privacy
frameworks.”71
Individual VWP Traveler Screening
The vetting of VWP travelers contains some features absent from the traditional screening
required to receive a nonimmigrant visitor visa for business and tourist travel. As previously
mentioned, ESTA screens the data of those authorized for VWP travel on a daily basis throughout
ESTA’s two-year validity period; new derogatory information could result in a denial of ESTA
authorization.72 In contrast, many nonimmigrant visitor visas are valid for 10 years and the
traveler’s data are not continuously vetted.73 Moreover, travelers entering under the VWP must
present e-passports, which tend to be more difficult to alter than other types of passports.
VWP travelers do not undergo the same type of screening required of travelers applying for a
nonimmigrant visitor visa, which typically includes a personal interview with a U.S. consular
officer.74 As such, VWP travelers’ first face-to-face encounter with U.S. officials could be at a
port of entry.75 Additionally, ESTA is a name-based system and cannot be used to run checks
against biometric databases, such as the Automated Biometric Identification System and Next
Generation Identification.76 However, when VWP travelers arrive at a U.S. port of entry, CBP
takes their fingerprints77 and photographs and checks them against these biometric systems.78
Finally, visitor visa applicants are required to submit social media identifiers, but this is optional
for VWP travelers.79
70 Ibid., p. 19.
71 Ibid., p. 27.
72 Testimony of Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection, in U.S. Congress, House
Committee on Oversight and Government Reform, Subcommittees on National Security and Government Operations,
The President’s Waiver of Restrictions on the Visa Waiver Program, hearings, 114th Cong., 2nd sess., February 10,
2016, H.Hrg. 114-104 (Washington, DC: GPO, 2017).
73 Although nonimmigrant visitor visas are not continuously vetted, CBP screens individuals traveling on them each
time they arrive at U.S. ports of entry.
74 8 U.S.C. §1202(h).
75 VWP travelers may have previously applied for a visa to the United States and undergone an interview with a U.S.
consular officer.
76 See Appendix B for more details about these systems.
77 Fingerprints used to be taken at ports of entry. GAO, Information Technology: Homeland Security Needs to Improve
Entry Exit System Expenditure Planning, GAO-03-563, June 2003, p. 9, https://www.gao.gov/assets/gao-03-563.pdf.
Today, “foreign travelers who have traveled to the United States previously may no longer need to provide fingerprints,
as their identity will be confirmed through the touchless facial biometric process”; CBP, “CBP Completes Simplified
Arrival Expansion at All US Airports,” press release, June 2, 2022, https://www.cbp.gov/newsroom/national-mediarelease/cbp-completes-simplified-arrival-expansion-all-us-airports.
78 For more information, see CRS Report R43356, Border Security: Immigration Inspections at Ports of Entry and CRS
Report R47541, Immigration: The U.S. Entry-Exit System.
79 DHS is considering a proposal to require VWP travelers to submit social media identifiers on their ESTA
applications; see DHS, “Agency Information Collection Activities: Generic Clearance for the Collection of Social
Media Information on Immigration and Foreign Travel Forms,” 84 Federal Register 46557, September 4, 2019. Some
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Following a number of high-profile terrorist attacks in Europe in recent years perpetrated mainly
by European citizens, another concern has been the possible threat posed by nationals from VWP
countries who are aligned with the Islamic State. A focus had been on radicalized citizens of
VWP countries who could have fought in the Middle East for the Islamic State or other terrorist
groups. Conceivably, these individuals may have been able to travel to the United States under
the VWP if there was no derogatory information about them in U.S. biographic databases. In
response, Congress passed the Visa Waiver Program Improvement and Terrorist Travel
Prevention Act, enacted as part of the Consolidated Appropriations Act, 2016.80 This law makes
citizens of VWP countries ineligible for participation in the VWP if they are dual nationals of the
Democratic People’s Republic of Korea, Iran, Iraq, Sudan, or Syria, or had been present in any of
those countries, or in Libya, Somalia, or Yemen, at any time on or after March 1, 2011 (with
limited exceptions). These individuals can still apply for a visa to travel to the United States.
Another point of contention is whether the VWP threatens the United States’ immigration
enforcement interests. Although some stakeholders fear that foreign nationals could utilize the
VWP to enter the United States and remain past the 90-day period of admission, current VWP
countries have a relatively low overstay rate (an average of 1.32 % in FY2022, the most recent
year data are available). As of December 2017, VWP countries that have an overstay rate of over
2% must initiate a public information campaign to educate their citizens about the conditions for
admission to the United States.81 If this does not reduce overstay violations, a country could be
removed from the program, as occurred with Argentina and Uruguay.82
Recent Trends in the U.S. Travel and Tourism
Economy
The COVID-19 pandemic caused a sharp decline in international travel. As a result, visitor
volume to the United States fell sharply among both VWP and non-VWP counties. Total
international arrivals to the United States in 2020 were 19.2 million, down 75.8% from 79.4
million in 2019.83
Tourism to the United States has begun to recover from the pandemic, although it has yet to reach
pre-pandemic levels. In 2023, 66.5 million international visitors arrived in the United States; of
those, 18.4 million were from VWP countries.84
Congress and federal agencies have expressed interest in tourism’s post-pandemic growth. The
federal government’s interagency National Travel and Tourism Strategy, published in June 2022,
stakeholders are concerned that this could have a “chilling effect” on U.S. tourism; see Rosie Spinks, “Social Media
Requirement for Visa Waivers May Have chilling Effect on U.S. Tourism,” Skift, September 16, 2019, at
https://skift.com/2019/09/16/social-media-requirement-for-visa-waivers-may-have-chilling-effect-on-u-s-tourism/.
80 P.L. 114-113.
81
DHS, “Secretary Kirstjen Nielsen Announces Targeted Security Enhancements to the Visa Waiver Program,” press
release, December 15, 2017, at https://www.dhs.gov/news/2017/12/15/secretary-kirstjen-nielsen-announces-targetedsecurity-enhancements-visa-waiver.
82 A country can be terminated from the program if the Secretary of Homeland Security, in consultation with the
Secretary of State, determines that a country’s participation in the VWP threatens U.S. law enforcement, including
immigration enforcement.
83 National Travel and Tourism Office (NTTO), Non-Resident Arrivals to the United States: Overseas, Canada,
Mexico, and International, Trend Line Data—Country of Residence, January 2024, at https://www.trade.gov/i-94arrivals-program.
84 U.S. International Trade Administration (ITA), ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94arrivals-program.
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called for attracting 90 million international visitors annually to the United States by 2027.85 The
117th Congress passed the Visit America Act (Subtitle A, Title VI, Division BB of the
Consolidated Appropriations Act, 2023 [P.L. 117-328]) which, among other things, authorized the
creation of a new Assistant Secretary of Commerce for Travel and Tourism within the Department
of Commerce.86
In 2022, the travel and tourism industry accounted for 3.0% of U.S. gross domestic product
(GDP) and directly employed 6.6 million workers87 (see Table 1). This represented an increase in
direct employment from 2020, but was still below 2019 direct employment levels.
Table 1. Travel and Tourism GDP Contribution and Direct Employees, 2018-2022
Year
Travel and Tourism Industry
Share of U.S. GDP
Travel and Tourism Industry
Direct Employees (millions)
2018
3.0%
6.6
2019
3.0%
7.3
2020
2.2%
4.4
2021
2.8%
5.6
2022
3.0%
6.6
Source: Hunter Arcand and Paul Kern, U.S. Travel and Tourism Satellite Account for 2018-2022, U.S. Bureau of
Economic Analysis, April 29, 2024, https://apps.bea.gov/scb/issues/2024/04-april/0424-travel-tourism-satelliteaccount.htm.
Every dollar international visitors spend in the United States counts as a U.S. export. Collectively,
foreign visitors spent about $226 billion in 2023 on passenger fares on U.S. airlines and travelrelated goods and services.88 This represented a 168% and 167% increase from 2020 and 2021,
respectively, but was 6% below 2019 export levels.89
According to the Bureau of Economic Analysis, international travelers account for a
disproportionate share of all travel and tourism spending in the United States. One reason for this
is that international visitors have relatively longer stays than domestic visitors, spending, on
average, 18 nights in the United States. Travelers from VWP countries are among the highest in
per-person spending.90
Global Competitiveness of the U.S. Travel and Tourism Sectors
The COVID-19 pandemic and U.S. restrictions imposed on foreign travelers in March 2020 led to
a sharp drop in the number of international visitors globally, from a high of 1.5 billion in 2019 to
around 400 million in 2020. Although the number of foreign visitors to the United States was
rising prior to the pandemic, the U.S. share of total global tourism arrivals declined from 6.5% in
85 Department of Commerce, National Travel and Tourism Strategy, June 2022, p. 5, https://www.commerce.gov/sites/
default/files/2022-06/National-Travel-Tourism-Strategy.pdf.
86 136 Stat. 5566-5567.
87 Hunter Arcand and Paul Kern, U.S. Travel and Tourism Satellite Account for 2018-2022, U.S. Bureau of Economic
Analysis, April 29, 2024, https://apps.bea.gov/scb/issues/2024/04-april/0424-travel-tourism-satellite-account.htm.
88 ITA, International Travel Receipts and Payments Program, Monthly Trade Monitor, Annual Visitor Spending 19602022, https://www.trade.gov/international-travel-receipts-and-payments-program.
89 Ibid. and ITA, National Travel and Tourism Office: Travel Exports, p. 1, https://www.trade.gov/sites/default/files/
2023-05/Travel-and-Tourism-Exports.pdf.
90 Ibid.
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2015 to 5.4% in 2019.91 The U.S. tourism industry is yet to fully regain that pre-pandemic figure;
the U.S. share of global tourism arrivals was 5.1% in 2023, after falling to 4.7% and 4.9% in 2020
and 2021, respectively.92
Some research suggests the United States has lost some appeal as a global tourism destination,
partially due to restrictions on visa-free travel. For example, the U.S. Travel Association (U.S.
Travel), an industry trade group, released a study in January 2024 finding that the United States
ranked 17th out of 18 markets analyzed in terms of global travel competitiveness.93 Among other
factors, the study cited the U.S.’s lack of a national travel strategy and the number of countries
whose nationals are allowed to visit the United States without a visa as reasons for the low
ranking. Further, U.S. Travel’s January 2024 industry forecast projected that international travel
to the United States would reach pre-pandemic levels in 2025, and that spending levels are not
expected to fully recover from the pandemic until 2026.94
U.S. Visitor Trends from VWP Countries
An objective of the VWP is to facilitate and encourage foreign business and leisure travel from
high-volume and low-risk countries to the United States. Determining whether the VWP has
directly led to increased travel to the United States is not straightforward, because, as noted, many
factors affect international travel. Further, as shown in Table 2, non-VWP countries averaged
higher U.S. tourism growth than did VWP countries over the past decade.
One method for assessing the VWP’s impact on travel to the United States is to compare the
growth rate of arrivals from countries in the VWP to arrivals from countries not in the VWP—
particularly over recent years, as travel trends tend to be influenced by current events. For both
the periods 2015-2019 and 2020-2023, non-VWP countries had higher growth rates for arrivals to
the United States than did VWP countries.
Over the four-year period from 2015 to 2019, the average annual number of U.S. arrivals from
VWP countries increased by 10.0%. Over that same period, the average annual number of U.S.
arrivals from non-VWP countries increased by 21.1%. In more recent years, as the COVID-19
pandemic began and later abated, both VWP and non-VWP had large increases in average U.S.
arrivals. Over the three-year period from 2020 to 2023, the average annual number of U.S.
arrivals from VWP countries increased by 420.0%. Over that same period, the average annual
number of U.S. arrivals from non-VWP countries increased by 423.1%.95
91 United Nations World Tourism Organization (UNWTO), “Global and regional tourism performance,”
https://www.unwto.org/tourism-data/global-and-regional-tourism-performance.
92 Ibid.
93 U.S. Travel, “Stunning New Research Ranks United States Nearly Dead Last in Competition for Global Travelers,”
press release, January 11, 2024, https://www.ustravel.org/press/stunning-new-research-ranks-united-states-nearly-deadlast-competition-global-travelers.
94 U.S. Travel, “NEW Forecast Predicts United States will Continue to Struggle for International Inbound, Domestic
Business Travel,” press release, January 17, 2024, https://www.ustravel.org/press/new-forecast-predicts-united-stateswill-continue-struggle-international-inbound-domestic.
95 CRS analysis of ITA, ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94-arrivals-program.
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Table 2. U.S. Arrivals, VWP and non-VWP Countries, 2015-2019 and 2020-2023
Average U.S. Arrival Percentage Change,
VWP Countries
Average U.S. Arrival Percentage Change,
Non-VWP Countries
20152019
+10.0%
+21.1%
20202023
+420.0%
+423.1%
Years
Source: CRS analysis of ITA, ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94-arrivals-program.
Economic Impact of Adding New Countries to the VWP
Although non-VWP countries had larger U.S. tourism growth over the past decade than VWP
countries, some groups argue that adding countries to the VWP would benefit U.S. tourism and
the national economy. For example, an analysis of U.S. Department of Commerce (DOC) data on
travel and tourism from 1980 to 2013 found that the VWP had a “meaningful impact driving
increases in U.S. tourist volumes.”96 U.S. Travel has also published studies suggesting that adding
countries to the VWP could create billions of dollars of new spending in the United States.97 (The
federal government does not provide similar forecasts on the potential impacts of adding
countries to the VWP.) Although some of the research on expanding the VWP was done before
the COVID-19 pandemic, given the federal government’s new, expanded tourism goals (see the
section, “Recent Trends in the U.S. Travel and Tourism Economy”), Congress may maintain an
interest in the potential economic impacts of expanding the VWP.
Qatar and Israel are the newest VWP countries, having been added to the program in September
2024 and September 2023, respectively. There do not appear to have been any public forecasts on
the potential economic impact of Qatar’s addition to the VWP. In 2023, 11,090 Qatari citizens
were admitted to the United States as tourists or business travelers.98 Conversely, U.S. Travel
estimated that with Israel’s inclusion in the VWP, the country would send an additional 200,000
visitors annually to the United States, which would result in an additional $800 million in direct
travel spending resulting in a $1.8 billion economic impact overall.99 (Israel was already
responsible for the 22nd-highest number of arrivals to the United States in 2023, ahead of such
VWP countries as Poland, Sweden, and Taiwan.100) As noted, the federal government does not
provide similar types of forecasts on the impact of adding countries to the VWP.
News reports suggest that U.S. government officials have expressed interest in adding the three
non-VWP EU countries (Bulgaria, Cyprus, and Romania) to the program.101 Visitors from those
countries, who currently enter the United States on nonimmigrant visitor visas, together
96 Stephen Bronars, Passport to Future Economic Growth: How Expanding the Visa Waiver Program Will Strengthen
the U.S. Economy and Create American Tourism Jobs, Partnership for a New American Economy, 2014, p. 2
https://research.newamericaneconomy.org/report/passport-to-growth/.
97 For example, see U.S. Travel, The Visa Waiver Program Makes America More Secure, February 12, 2019,
https://www.ustravel.org/system/files/media_root/document/VWP-Qualified-Countries_final.pdf.
98 DHS, Office of Homeland Security Statistics, Yearbook 2023, Table 28, at
https://ohss.dhs.gov/topics/immigration/yearbook-immigration-statistics/yearbook-2023.
99 U.S. Travel, “Israel VWP Admission to Add $1.8 Billion to U.S. Economy,” press release, September 28, 2023,
https://www.ustravel.org/press/israel-vwp-admission-add-18-billion-us-economy.
100 ITA, ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94-arrivals-program.
101 David Shepardson, “U.S. considering adding Israel, Romania, Bulgaria to visa waiver program,” Reuters, October
26, 2021.
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accounted for 1.5% of total EU arrivals to the United States in 2023.102 This may suggest that the
overall economic effect of adding these three countries to the VWP would be relatively small.
According to a pre-pandemic estimate by U.S. Travel, the number of arrivals in the United States
from these countries would increase by 182,900 visitors at the end of the first three years after
joining the VWP, bringing $514 million in additional travel spending to the United States.103
The U.S. travel and tourism industries support expanding the VWP to other countries, especially
populous countries such as Brazil. In the same U.S. Travel report that estimated the impacts of
admitting Bulgaria, Cyprus, and Romania to the VWP, the organization projected that the number
of arrivals in the United States from Brazil would increase by 2.4 million at the end of the first
three years after Brazil joined the VWP, bringing $11.9 billion in additional travel spending to the
United States.104 In November 2019, the United States announced that Brazil would soon join the
Global Entry program,105 which would reduce waiting time for approved Brazilian visitors
arriving at U.S. airport immigration checkpoints.106 Brazil formally joined the program in
February 2022.107
The VWP and U.S. Travel Promotion Efforts
The VWP is closely related to the promotion of foreign tourism to the United States. The United
States no longer has a central agency to promote travel to it. Until recently, the National Travel
and Tourism Office (NTTO), within the International Trade Administration (ITA) of DOC, mainly
provided official tourism statistics.108 However, the Visit America Act (Subtitle A, Title VI,
Division BB of the Consolidated Appropriations Act, 2023 [P.L. 117-328]) authorized the creation
of a new Assistant Secretary of Commerce for Travel and Tourism within DOC (see the section,
“Recent Trends in the U.S. Travel and Tourism Economy”). To support the new position, the
Biden Administration’s FY2024 budget request proposed that all NTTO functions and staffing be
folded into a new Travel and Tourism business unit within ITA.109 The new business unit would
provide expertise, analytical capability, and data on the tourism industry.110 Congress did not act
to create the new business unit in FY2024.
International travel promotion to the United States is also the responsibility of Brand USA
(formally known as the Corporation for Travel Promotion), a nonprofit public-private entity that
102 CRS analysis of ITA, ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94-arrivals-program.
103 U.S. Travel, Fact Sheet: The Visa Waiver Program Makes America More Secure, February 12, 2019,
https://www.ustravel.org/research/visa-waiver-program-makes-america-more-secure.
104 Ibid.
105 For more information on Global Entry, see CRS Report R46783, Trusted Traveler Programs.
106 Currently, trusted travelers from Argentina, India, Colombia, Germany, Panama, Singapore, South Korea,
Switzerland, Taiwan, the United Kingdom, and Mexico are eligible for the program. For more information, see CRS
Report R46783, Trusted Traveler Programs.
107
U.S. Customs and Border Protection, “CBP Announces Global Entry Partnership with Brazil,” press release,
February 8, 2022, https://www.cbp.gov/newsroom/national-media-release/cbp-announces-global-entry-partnershipbrazil.
108 The National Tourism Policy Act of 1981 (P.L. 97-63) created the United States Travel and Tourism Administration
(USTTA) as the nation’s government tourism office, but Congress repealed the authorization for USTTA in 1996,
placing tourism promotion in the hands of individual states and the private sector. U.S. Congress, House Committee on
Commerce, Committee of the Whole House, United States National Tourism Organization Act of 1996, 104th Cong.,
2nd sess., September 26, 1996.
109 ITA, International Trade Administration, Budget Estimates, Fiscal Year 2024, p. ITA-105,
https://www.commerce.gov/sites/default/files/2023-03/ITA-FY2024-Congressional-Budget-Submission.pdf.
110 For more information, see CRS Report R47857, U.S. Tourism: Economic Impacts and Pandemic Recovery.
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is charged with communicating U.S. visa and entry policies to overseas visitors. Brand USA was
established under the Travel Promotion Act of 2009 (P.L. 111-145) and began operations in May
2011.111
The private sector funds half of Brand USA’s spending through a combination of cash and in-kind
contributions, such as advertising. The federal government matches the cash and in-kind
contributions with an annual grant of no more than $100 million. Brand USA currently receives
$17 of the $21 paid to ESTA by each prospective visitor from a VWP country who requests
approval to travel to the United States.
Selected Recent Legislative Activity
In recent Congresses, legislative proposals related to the VWP have sought to expand the number
of participating countries by changing the criteria112 or giving DHS greater flexibility to designate
countries into the VWP that do not meet the existing criteria.113 Some bills proposed directly
designating specific countries114 or requiring reports assessing a specific country’s eligibility for
the program.115 Some proposals have addressed the spending of funds generated from ESTA
fees.116
A number of recent proposals would make countries ineligible for VWP membership if they have
so-called golden visas,117 which allow individuals to acquire citizenship based on a monetary
donation or investment in the country.118
Some proposals relate to VWP security. For example, in response to the 2022 synagogue attack in
Texas (see the section, “Country-to-Country Security Agreements”), bills were introduced to add
provisions enhancing information-sharing agreements between the United States and countries
participating in the VWP.119 Unrelated to this attack, other bills have called for increased
111 The Corporation for Travel Promotion was renamed Brand USA in November 2011; it has an 11-member board of
directors and a staff of more than three dozen full-time employees in Washington, DC.
112 For example, the Allied Nations Travel Modernization Act (H.R. 2946) in the 116th Congress would have allowed
countries to be designated into the VWP if, instead of a low nonimmigrant visitor visa refusal rate, they have a low visa
overstay rate and agree to spend 2% of their gross domestic product on defense.
113 For example, in the 116th Congress the Jobs Originated through Launching Travel (JOLT) Act (H.R. 2187), sought
to reinstate DHS’s authority to grant a waiver for the nonimmigrant visitor visa refusal rate.
114 For example, in the 118th Congress S. 814 seeks to designate Romania into the VWP. In the 114th Congress,
multiple bills sought to designate Poland into the VWP (e.g., S. 2534, S. 1619, S. 2131). In the 113th Congress, some
bills sought to designate Hong Kong into the program (e.g., S. 703, H.R. 1923) and others sought to designate Israel
(e.g., S. 266, H.R. 300, S.Amdt. 3933).
115 For example, S. 1926 and H.R. 6875 in the 118th Congress seek to assess whether Uruguay meets the program’s
eligibility requirements.
116
For example, the Responsibly Enhancing America’s Landscapes Act (S. 2783) from the 116th Congress would have
established the National Park Service Legacy Restoration Fund to help with the backlog of maintenance projects in
national parks. This fund would be paid for by a $16 ESTA fee along with a $25 nonimmigrant visitor visa fee and a $5
park entrance fee.
117 For more information on golden visas, see CRS In Focus IF11344, The Changing Landscape of Immigrant
Investment Programs.
118 For example, S.Amdt. 400 in the 118th Congress and S.Amdt. 5539 and H.R. 6911 in the 117th Congress.
119 For example, see S. 493 from the 118th Congress and S. 4220 from the 117th Congress. For more context on the
motivation for the introduction of this bill, see Marco Rubio, U.S. Senator for Florida, “Rubio, Cruz Introduce the
Security the Visa Waiver Program Act, press release, May 16, 2022, https://www.rubio.senate.gov/rubio-cruzintroduce-the-securing-the-visa-waiver-program-act./
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information-sharing specifically for certain VWP member countries.120 Others sought to rename
the VWP as the “Secure Travel Partnership” to reflect one of the program’s main goals of
securing travel to the United States.121 Previous legislation has also sought to deter VWP
overstays.122
In the 117th Congress, the Restoring Brand USA Act (Division FF of the Consolidated
Appropriations Act, 2022 [P.L. 117-103]) provided access to $250 million in one-time funding to
Brand USA using funds from ESTA fees between 2010 and 2020 that exceeded the maximum
$100 million available to Brand USA annually.123 In FY2021 and FY2022, ESTA fee collections
were less than $100 million for the first time, coming in at $62 million and $13 million,
respectively.124
Section 25018 of the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58) directed the
Department of Transportation (DOT) to update its January 2021 national travel and tourism
infrastructure strategic plan within 180 days of the law’s enactment.125 The plan’s publication was
mandated a few years earlier in the Fixing America’s Surface Transportation (FAST) Act (P.L.
114-94). The updated plan was required to include immediate- and long-term strategies across all
modes of transportation for DOT and other agencies to use infrastructure investments to revive
the tourism industry following the pandemic. The updated plan was released publicly in April
2024.126
IIJA also authorized the creation of a Chief Travel and Tourism Officer within the Office of the
Secretary of Transportation.127 The new position has responsibility for carrying out the updated
plan (along with DOT’s Assistant Secretary for Aviation and International Affairs) and for other
travel and tourism-related issues related to DOT. The position was filled in 2023.128
As noted, the Visit America Act (Subtitle A, Title VI, Division BB of the Consolidated
Appropriations Act, 2023 [P.L. 117-328]) authorized the creation of a new Assistant Secretary of
Commerce for Travel and Tourism within DOC.129 The Assistant Secretary’s responsibilities
include the following:
•
•
establishing an annual goal for international visitors to the United States and
developing recommendations to meet that goal;
consulting with the Secretary of Labor and Bureau of Economic Analysis on
improving travel and tourism workforce and industry data;
120 See H.R. 4367 in the 118th Congress.
121 For example, H.R. 2187 and H.R. 1996 in the 116th Congress.
122 For example, the Humanitarian Upgrades to Manage and Assist our Nation’s Enforcement (HUMANE) Act of 2019
(S. 1303) in the 116th Congress sought to reduce VWP overstays by amending the INA’s terms and conditions of
admission for VWP travelers, the VWP waiver of rights, and the detention and repatriation of visa waiver violators.
123 136 Stat. 1111-1112.
124 Brand USA, Restoring Brand USA Act Funding Plan, May 2022, p. 6, https://www.thebrandusa.com/system/files/
Restoring_BrandUSA_Act_Funding_Plan_May_2022_0.pdf.
125 135 Stat. 874-875.
126 DOT, The National Travel and Tourism Infrastructure Strategic Plan, April 2024, https://www.transportation.gov/
briefing-room/national-travel-and-tourism-infrastructure-strategic-plan.
127 135 Stat. 875.
128 DOT, Oversight and Implementation of Travel and Tourism Legislation, June 13, 2023,
https://www.transportation.gov/oversight-and-implementation-travel-and-tourism-legislation.
129 136 Stat. 5566-5567.
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•
•
•
increasing and facilitating international business travel to the United States, in
coordination with other relevant federal agencies;
developing and implementing a pandemic tourism recovery strategy and a
strategy to address potential future disruptions to tourism such as natural
disasters; and
producing an annual forecast on the tourism industry.130
The Visit America Act also required the Secretary of Commerce, at least every 10 years and in
consultation with the U.S. Travel and Tourism Advisory Board (a Federal Advisory Committee
Act body that provides recommendations related to tourism to the Secretary of Commerce) and
the Tourism Policy Council (an interagency federal committee whose goal is to ensure that travel
and tourism are considered in federal decisionmaking), to develop and submit to Congress a 10year travel and tourism strategy. The Visit America Act required the strategy to establish goals for
the number of annual international visitors to the United States and the annual amount of travel
and tourism commerce in the United States.131 This requirement is separate from the June 2022
National Travel and Tourism Strategy.
Subtitle B, Title VI, Division BB of P.L. 117-328 required the Secretary of Commerce to
complete an interim study about the effects of the COVID-19 pandemic on the U.S. travel and
tourism industry.132 Among other things, the study was to assess employment changes in the
travel and tourism industry and travel and tourism business revenue trends during the pandemic.
DOC published the study in 2023.133 P.L. 117-328 also directed the Secretary of Commerce to
submit to the Senate Committee on Commerce, Science, and Transportation and the House
Committee on Energy and Commerce a final report based on the findings of the interim study
within six months of the interim study’s publication.134
At the end of the 116th Congress, the Further Consolidated Appropriations Act of 2020 (P.L. 11694) extended the authority for Brand USA to receive fees from the VWP through the end of
September 2027 and raised the ESTA fee (as described in the section, “Electronic System for
Travel Authorization (ESTA)”).
The private sector must still provide at least $100 million per year in in-kind contributions and
cash to the Brand USA program in order for the program to receive these federal funds.
130 136 Stat. 5567-5569.
131 136 Stat. 5569.
132 136 Stat. 5570-5571.
133 ITA, Interim Study and Report to Congress on the Effects of the COVID-19 Pandemic on the Travel and Tourism
Industry in the United States, 2023, https://www.trade.gov/sites/default/files/2023-06/
INTERIM%20REPORT%20TO%20CONGRESS%20%20EFFECTS%20OF%20THE%20COVID19%20PANDEMIC_FINAL_0.pdf.
134 136 Stat. 5572. As of the cover date of this report, the final study has not been made publicly available.
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Appendix A. Temporary Visitors to the United
States for Business or Pleasure from Selected
Aspiring VWP Countries
Table A-1.Temporary Visitors from Aspiring VWP Countries,
2009, 2019, 2020, and 2022
Aspiring
VWP
Countries
2009
2019
% Change
2009 to
2019
2020
2022
% Change
2020 to
2022
Argentina
356,428
854,442
140.7%
197,748
524,841
165.4%
Brazil
892,611
2,104,617
135.8%
423,689
1,224,974
189.1%
Bulgaria
20,000
31,774
58.9%
7,633
20,553
169.3%
Cyprus
10,174
12,591
23.8%
1,952
7,967
308.1%
Romania
41,411
88,574
113.9%
17,628
55,026
210.9%
Uruguay
36,690
80,883
120.4%
15,393
63,262
311.0%
Source: CRS analysis of data from ITA, ADIS/I-94 Visitor Arrivals Program, https://www.trade.gov/i-94-arrivalsprogram.
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Appendix B. Selected Immigration Inspections
Databases and Systems
Advance Passenger Information System (APIS): CBP database containing information about inbound air
passengers and crew members. Air carriers submit passenger information to APIS prior to departing on U.S.bound flights (or prior to arrival in the United States, in certain cases), and CBP uses the data to identify high-risk
and inadmissible passengers.
Arrival and Departure Information System (ADIS): DHS database that collects and maintains biographic
arrival and departure information on non-U.S. citizens traveling in and out of the United States. ADIS is maintained
by CBP and the DHS Office of Biometric Identity Management (OBIM), and is the main database used by ICE to
identify suspected visa overstayers.
Automated Biometric Identification System (IDENT): DHS’s primary biometric database. Certain aliens’
biometric records are added to IDENT upon admission to the United States, when aliens are apprehended or
arrested by a DHS agency, and when aliens apply for certain immigration benefits.
Automated Targeting System (ATS): CBP database of incoming and certain outbound cargo and persons.
Advanced screening information is added to the ATS and checked against intelligence data from CBP’s National
Targeting Center (NTC) and other intelligence and law enforcement databases to produce a risk-based score.
Travelers above a certain ATS threshold generally are selected for secondary inspection.
Consular Lookout and Support System (CLASS): DOS database used by passport agencies, posts, and
border inspection agencies to perform name checks on visa and passport applicants to identify subjects of
terrorist lookouts and watchlists and other individuals who are ineligible for a visa or require other special action.
Electronic System for Travel Authorization (ESTA): Web-based CBP system that screens applicants to
enter the United States through the VWP against terrorist, national security, and criminal watchlists.
Interagency Border Inspection System (IBIS): DHS database of shared law enforcement files related to
individuals, businesses, vehicles, aircraft, and vessels with suspected criminal violations. IBIS is used by CBP officers
at ports of entry (POEs), U.S. Citizens and Immigration Services (USCIS) officers making determinations about
immigration benefits, and other U.S. and international law enforcement agencies involved with border
enforcement.
National Crime Information Center (NCIC): FBI database for tracking federal, state, local, and tribal crime
data. NCIC includes records of stolen vehicles and other articles, foreign fugitives, missing persons, gang members,
known or suspected terrorists, and persons with outstanding criminal warrants, among other data.
National Targeting Center-Passenger (NTC-P): CBP, other DHS, and DOS officials at the NTC-P use the
ATS to screen passenger manifests and visa records against the FBI’s Terrorist Screening Database (TSDB) and
other national security records to prevent certain travelers from boarding U.S.-bound flights.
Next Generation Identification (NGI): FBI criminal database of biometric and criminal history information.
Biometric records may be checked against NGI to verify that aliens have not been convicted of crimes making
them inadmissible to the United States.
TECS (not an acronym): The principal information-sharing system used by CBP officers at POEs to screen
arriving travelers for admissibility to the United States. CBP officers use TECS to check travelers against law
enforcement and national security watchlists and to record and report on primary and secondary inspection
results.
Terrorist Identities Datamart Environment (TIDE): Classified database of known or suspected terrorists
maintained by the U.S. intelligence community. Data from TIDE are used to populate the TSDB.
Terrorist Screening Dataset (TSDS): Also known as the consolidated Terrorist Watchlist, the TSDS is
maintained by the FBI’s Terrorist Screening Center and includes biometric and biographic records of known and
suspected domestic and international terrorists.
Source: Congressional Research Service (CRS) analysis of DHS, DOJ, DOS, and DOD Privacy Impact Assessments and related
documents.
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Author Information
Abigail F. Kolker, Coordinator
Analyst in Immigration Policy
Adam G. Levin
Analyst in Economic Development Policy
Disclaimer
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R46300 · VERSION 10 · UPDATED
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