ESTA and the Visa Waiver Program: who can use it and rules

Who this is for

Citizens or nationals of a Visa Waiver Program country; the list changes, so check the official State Department page.
Travelers with a valid e-passport from their VWP country.
People visiting for tourism, family visits, medical treatment or short business activities for 90 days or less.
Travelers who have not previously violated U.S. immigration rules, such as overstaying.
People who are not otherwise barred, for example by certain travel or dual nationality connected to listed countries.

Forms involved

Form	Official name	What it does
ESTA	Electronic System for Travel Authorization	Online travel authorization from CBP that VWP travelers need before boarding a plane or ship to the U.S.
I-94	Arrival/Departure Record	Created electronically at entry; it shows your admission date and the date you must leave.
DS-160	Online Nonimmigrant Visa Application	Used to apply for a regular visitor visa if you are not eligible for ESTA or your ESTA is denied.

Step by step

Check that you are eligibleConfirm your country is currently in the program and that none of the ineligibility situations apply to you.
Apply for ESTA onlineApply only on the official CBP ESTA website, ideally as soon as you start planning your trip, and answer all questions truthfully.
Wait for approvalMost decisions come quickly, but some take longer. If your ESTA is denied, you can generally apply for a visitor visa instead.
Travel and request admissionAn approved ESTA lets you board, but a CBP officer still decides at the border whether to admit you.
Leave within 90 daysDepart by the date on your I-94. Time in Canada, Mexico or nearby islands on the same trip may count toward the 90 days.

Documents usually requested

Valid e-passport from a VWP country
Approved ESTA linked to that passport
Return or onward ticket
Proof of funds for the stay
Address or hotel booking in the U.S.
Proof of trip purpose, such as an invitation or conference registration, if asked

How long it takes

Many ESTA applications are decided quickly, but some need more review, so apply well before travel rather than at the last minute. An approved ESTA usually stays valid for a set period or until the passport expires, whichever comes first.

Government filing fees

ESTA has an application fee paid on the official CBP website, and unofficial sites often charge extra. VWP travelers do not use USCIS forms, so the USCIS fee schedule generally does not apply; check the current amount at esta.cbp.dhs.gov/.

Working and traveling while you wait

Working in the U.S. is not allowed under the Visa Waiver Program. VWP visitors generally cannot extend their stay or change to another status inside the U.S., except in limited emergency situations.

Common mistakes to avoid

Using a third-party website that charges extra or mishandles your data.
Staying even one day past 90 days, which generally ends future VWP eligibility.
Planning to study, work or change status after arriving on ESTA.
Not applying for a new ESTA after getting a new passport or changing name or citizenship.
Answering ESTA questions inaccurately, such as about prior visa refusals or arrests.

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Frequently asked questions

Can I extend my stay on ESTA?

No, Visa Waiver Program visitors generally cannot extend their stay beyond 90 days. In limited emergencies, such as a medical problem or canceled flight, CBP or USCIS may grant a short period called satisfactory departure.

Can I change status after entering on ESTA?

Generally no. VWP visitors cannot change to another nonimmigrant status inside the U.S., and most green card options from VWP status are very limited; an attorney can explain the narrow exceptions.

Who is not eligible for ESTA?

People who have overstayed or broken U.S. immigration rules before, and many who have traveled to or hold nationality of certain listed countries, are generally not eligible. If you are not eligible, you can usually still apply for a B-1/B-2 visitor visa.

Does ESTA guarantee entry to the U.S.?

No, an ESTA only allows you to travel to the U.S. A CBP officer at the port of entry makes the final decision on admission.

When do I need a new ESTA?

You generally need a new ESTA if you get a new passport, change your name or citizenship, or if your answer to any yes-or-no eligibility question changes. Otherwise it usually stays valid until it expires.

Official sources

Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.