Who is eligible for the visa waiver program?

Ugh, the Visa Waiver Program (VWP). Let’s talk about it, because it’s a source of both frustration and fascination for many people, myself included. Basically, it’s a system where citizens of certain countries can visit the United States for tourism or business for up to 90 days without needing a traditional visa. Sounds pretty sweet, right? Well, it is…if you’re one of the lucky ones.

I’m from [Let’s say…Brazil], and let me tell you, it’s not one of those lucky countries. That means, every time I want to visit the US, I have to navigate the often-daunting process of applying for a B-1/B-2 tourist visa. It’s paperwork, interviews, and a whole lot of anxiety. Meanwhile, my friend from the UK can just hop on a plane, practically hassle-free. And that’s the crux of the issue – it feels inherently unfair.

The VWP is determined by the Secretary of Homeland Security and the Secretary of State, who jointly assess a country’s eligibility based on a complex set of criteria. These criteria, as outlined on the Department of Homeland Security website, include:

• Low refusal rate for US visas: Essentially, if your country’s citizens have a history of getting their visa applications denied, you’re less likely to be included. This makes sense from a security standpoint, I guess.
• Low overstay rate: This is a big one. The US government wants to ensure that visitors from VWP countries are leaving as planned. A high overstay rate is a major red flag.
• Adequate passport security: Your country needs to have strong passport security measures in place to prevent fraud and identity theft.
• Cooperation on security matters: This is a broad category, but basically, the US wants to work with countries that are actively cooperating with them on matters of national security.

These are all perfectly reasonable concerns, and I understand the need for security. But the arbitrariness of it all is what gets me. There’s no clear, published formula for how these factors are weighted or how a country gets “graduated” into the VWP. It feels like a bit of a black box, leaving a lot of room for perceived bias and inconsistency.

For example, according to the Pew Research Center, as of 2023, there are 40 countries participating in the VWP. These range geographically, but heavily skew towards Western Europe and some parts of Asia and Oceania. This geographic skew, along with the lack of transparency in the selection process, fuels the perception that the system is biased.

The problem isn’t just about convenience for travelers. The exclusion from the VWP can have broader economic and diplomatic consequences. It can discourage tourism, limit business opportunities, and even affect people-to-people diplomacy. It’s a real barrier for many, and it’s definitely something worth discussing and perhaps re-evaluating.

Ultimately, while the security concerns driving the VWP are valid, the lack of transparency and the seemingly arbitrary nature of inclusion make it a system that feels inherently unequal and, to me, a bit unjust. Maybe one day, Brazil (and other excluded countries) will get their golden ticket. Until then, it’s visa applications and a hefty dose of patience for me.