The United States has announced that Qatar will soon be officially admitted to the U.S. Visa Waiver Program (VWP), allowing visa-free travel to the United States by Qatari citizens for up to 90 days. Per the Final Rule published by the Department of Homeland Security on September 26, 2024, Qatar will be added to the VWP no later than December 1, 2024. Qatar will be the first Gulf country and the second Middle Eastern country (after Israel) to join the VWP.
The VWP enables citizens of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. All travelers on the VWP must still have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and are encouraged to apply for authorization as soon as they begin to plan a trip to the United States.
The list of the current 41 member countries in the VWP can be found here (Visa Waiver Program (state.gov)) and includes the United Kingdom, Ireland, most of Europe, Australia, Brunei, Chile, Iceland, Israel, Japan, New Zealand, Singapore, South Korea, and Taiwan.1
As defined in Section 217 of the Immigration and Nationality Act as amended by the Secure Travel and Counterterrorism Partnership Act of 2007, countries must meet strict security requirements for designation in the VWP, including:
- Documenting a low historical percentage of U.S. nonimmigrant visitor visa refusal rates;
- Agreeing to accept repatriation of citizens removed from the United States;
- Agreeing to report lost and stolen passports to the United States via INTERPOL;
- Agreeing to share with the United States information on terrorism and serious criminal information;
- Meeting requirements on electronic passport technology;
- Undergoing a DHS-led evaluation of the country’s VWP designation’s potential impact on U.S. security, law, and immigration enforcement;
- Undergoing a DHS-led intelligence assessment.
In general, business visitors can conduct limited business-related activities in the United States after entering pursuant to ESTA/VWP, such as attending meetings, conferences, events, and networking. Activities in the United States must not rise to the level of substantive employment; otherwise, an employment visa/work permit will be required. Thus, employers should take care to ensure that only limited business activities are conducted in the United States if their global employees plan to enter the country for business purposes pursuant to ESTA/VWP (or with a B-1/B-2 visa stamp). Please contact counsel should you have any questions or need additional guidance.
Footnotes
1 Canada is not included in the Visa Waiver Program as Canadians are visa-exempt under a different law, 8 CFR § 212.1. Canadian citizens with valid Canadian passports do not require ESTA or visa stamps to travel to the U.S. for tourism or business.
