GAO-06-835R Visa Waiver Program 

United States Government Accountability Office

Washington, DC 20548 

July 28, 2006 

The Honorable Jim Sensenbrenner, Jr. 

Chairman 

Committee on the Judiciary 

House of Representatives 

Subject: Process for Admitting Additional Countries into the Visa Waiver Program

Dear Mr. Chairman: 

The Visa Waiver Program enables citizens of 27 participating countries to travel to the 

United States for tourism or business for 90 days or less without first obtaining a visa.1

 The 

program was created to promote the effective use of government resources and to facilitate 

international travel without jeopardizing U.S. national security. Indeed, in fiscal year 2004, 

more than 15 million travelers entered the United States under this program. The United 

States last expanded the Visa Waiver Program’s membership in 1999 with the addition of 

Portugal, Singapore, and Uruguay;2

 in recent years, other countries have expressed a desire 

to become members. In addition, Members of Congress have recently introduced bills 

calling for the expansion of the program. In February 2005, President Bush announced that 

the Departments of Homeland Security (DHS) and State (State) would develop a strategy, or 

“Road Map Initiative,” to clarify to prospective candidates the statutory requirements for 

designation as a participating country—and work with countries to help them comply with 

these requirements. 

In response to your request, this report describes (1) the process for gaining admission into 

the Visa Waiver Program and (2) the U.S. government’s plans for admitting additional 

countries into the program.3

 To examine the criteria for expanding the Visa Waiver 

Program, we reviewed laws establishing the program, agency protocols governing the 

 

1

The United States also issues visas to those who intend to immigrate to the United States. In this report, we use the term 

“visa” to refer to nonimmigrant visas only. According to the Department of State, the Visa Waiver Program is a substitute 

entry mechanism for nonimmigrant, short term, business, and tourism visas only; it does not apply to students, temporary 

workers, and others who require visas to enter the United States. 

2

In 2003, the Attorney General removed Uruguay from the Visa Waiver Program, stating that Uruguay’s participation in the 

program was inconsistent with U.S. interests. According to a 2002 Federal Register notice on the subject, Uruguayan 

nationals were, on average, two to three times more likely than all nonimmigrants to have been 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 nonimmigrant air arrivals. In addition, Argentina was removed from the program in 2002, following an economic crisis 

in that country and an increase in the number of Argentinean nationals attempting to use the Visa Waiver Program to live 

and work illegally in the United States. 

3

See also GAO, Border Security: Stronger Actions Needed to Assess and Mitigate Risks of the Visa Waiver Program, GAO06-854 (Washington, D.C.: July 28, 2006).
Page 2 GAO-06-835R Visa Waiver Program 

 

program, and DHS’s Office of Inspector General reports. In addition, we reviewed relevant 

documentation and interviewed DHS and Consular Affairs Bureau officials in Washington, 

D.C., to determine the status of the President’s initiative. To describe U.S. plans for 

expanding the program, we visited the U.S. embassies in the Republic of Korea and 

Poland—countries that are actively seeking to become program members—and spoke with 

ambassadors, as well as political, law enforcement, consular, and public diplomacy officers 

about their role in this process. We also reviewed public statements about the program 

made by the President and U.S. ambassadors to aspiring countries. We conducted our work 

from September 2005 through June 2006 in accordance with generally accepted government 

auditing standards. 

Results in Brief 

DHS is drafting procedures to help guide the process by which additional countries are 

admitted into the Visa Waiver Program. Until these procedures are finalized, DHS and State 

have an interim process.4

 Specifically, under this interim process, the Secretary of 

Homeland Security, in consultation with the Secretary of State, may designate any country 

as being a member of the Visa Wavier Program if that country qualifies under the program’s 

statutory requirements. First, State advises DHS of its intent to nominate a country for 

inclusion in the program only after State has determined that the country meets key criteria 

for visa waiver designation. Then, according to DHS, the departments may agree to engage 

in a pre-nomination consultation process to ensure that all parties are in agreement before 

State submits its formal nomination. After receiving State’s formal nomination, DHS, 

through an interagency working group, evaluates the effect that the country's designation 

would have on the law enforcement, security, and immigration interests of the United 

States. On the basis of the review, the interagency working group submits a 

recommendation to the Secretary of Homeland Security, who, in consultation with the 

Secretary of State, decides whether to admit the country into the program. Separately, on 

May 1 of each year, State must report, to Congress, those countries that are under 

consideration for inclusion in the Visa Waiver Program. 

 

The U.S. government has taken steps to assist countries seeking membership in the Visa 

Waiver Program. In February 2005, President Bush announced that the United States would 

develop bilateral strategies with 13 “Road Map” countries that are seeking admission into 

the Visa Waiver Program. In particular, DHS and State are working with these countries to 

make sure they understand the program’s statutory requirements, and to agree on steps to 

help these countries meet the criteria. In 2005, State tasked U.S. embassies in aspiring 

countries to form working groups with the host governments to discuss the Road Map 

process. According to DHS, these groups met to develop plans that specify the actions that 

each country may need to take to be considered for program membership. For example, 

several countries agreed to launch public affairs campaigns to inform their citizens about 

the program’s requirements. The plans also include actions that the embassies have agreed 

to take, such as providing technical assistance on statutory requirements. To further clarify 

4

Prior to 2002, Justice and State, through an interagency working group, had established a draft protocol based on the 

statutory criteria that detailed the procedures that the agencies must follow in nominating a country for membership in the 

program. According to DHS and State, the draft protocol was not finalized. However, Justice has used it to assess some 

countries’ eligibility. 
Page 3 GAO-06-835R Visa Waiver Program

 

the initiative’s objectives, in May 2006, DHS and State jointly issued a series of cables to 

posts in Road Map countries with guidance on the types of issues that should be discussed 

in the bilateral working groups. As of June 2006, DHS and State have approved frameworks, 

(or road maps) for seven countries: Poland, Czech Republic, Hungary, Estonia, Latvia, 

Lithuania, and South Korea. However, according to DHS and State’s Consular Affairs 

Bureau, it is unlikely that many of the new countries will meet the statutory requirements 

for designation to the program in the near future. State did not submit a report to Congress 

on May 1, 2006, indicating that it was considering new members, and Consular Affairs 

Bureau officials stated that they are not actively considering expanding program 

membership or nominating specific countries for possible visa waiver designation. 

We received written comments from State and DHS, which we have reprinted in enclosures I 

and II, respectively. State agreed with our conclusions, stating that the report is a balanced 

description of the process for admitting additional countries into the Visa Waiver Program, 

as well as the U.S. government’s Road Map initiatives. DHS stated that the report’s clear 

description of the Visa Waiver Program’s statutory requirements and the designation process 

will assist the department’s efforts to communicate these matters to the public and to 

countries seeking to participate in the program. In addition, State and DHS provided details 

about the interim procedures in place for admitting additional countries into the program. 

Background 

The Immigration Reform and Control Act of 19865

 created the Visa Waiver Program as a pilot

program. In October 2000, it became a permanent program under the Visa Waiver 

Permanent Program Act.6

 According to State’s Consular Affairs Bureau, the program was 

enacted to facilitate the legitimate travel of visitors for business or tourism from countries 

whose citizens had demonstrated compliance with U.S. immigration laws. In recent years, 

Members of Congress have introduced legislation calling for the expansion of the program, 

for policy reasons, to U.S. allies such as Poland and South Korea. However, Congress did 

not pass any of these bills into law. More recently, in May 2006, the U.S. Senate passed an 

immigration reform bill that contained a provision that, among other things, allows for the 

expansion of the program to countries that contribute substantially to the wars in 

Afghanistan and Iraq.7

Visa-free travel to the United States boosts international business and tourism, as well as 

airline revenues, and creates substantial economic benefits to the United States. Moreover, 

the program allows State to allocate resources to visa-issuing posts in countries with higherrisk applicant pools. According to the Immigration Reform and Control Act, a country’s 

participation in the program should not have an adverse effect on U.S. law enforcement and 

security interests. The program applies only to temporary visitors from participating 

countries traveling to the United States for business or tourism for 90 days or less, while 

5

P.L. 99-603.

6

P.L. 106-396.

7

As of June 16, 2006, the Comprehensive Immigration Reform Act of 2006, S. 2611, 109th Cong. Sec 413 (2006), will next be 

sent to a joint conference committee of both House and Senate conferees.
Page 4 GAO-06-835R Visa Waiver Program 

 

persons traveling to the United States for other purposes—for example, to study or to 

work—are required to have a visa. 

In 2002, we reported on the legislative requirements to which countries must adhere before 

they may be considered for inclusion in the Visa Waiver Program.8

 In general, they include 

the following: 

• A low nonimmigrant visa refusal rate. To qualify for visa waiver status, a country 

must maintain a refusal rate of less than 3 percent for its citizens who apply for 

temporary business and tourism visas.9

• A machine-readable passport program. The country must certify that it issues 

machine-readable passports to its citizens. As of June 26, 2005, all travelers are 

required to have a machine-readable passport to enter the United States under the 

program. 

• Reciprocity. The country must offer visa-free travel for U.S. citizens. 

Persons seeking to travel to the United States under the Visa Waiver Program must 

• have a valid passport issued by the participating country and be a national of that 

country; 

• be seeking entry for 90 days or less for business or tourism; 

• have their identity checked at the U.S. port of entry against an automated electronic 

database containing information about the inadmissibility of aliens; 

• have been determined by DHS border inspectors at the U.S. port of entry to represent 

no threat to the welfare, health, safety, or security of the United States; 

• have complied with conditions of any previous admission under the program (for 

example, stayed in the United States for 90 days or less); 

• if entering by air or sea, possess a round-trip transportation ticket issued by a carrier 

that has signed an agreement with the U.S. government to participate in the program 

and must have arrived in the United States aboard such a carrier; and 

• if entering by land, have proof of financial solvency and a domicile abroad to which 

he or she intends to return. 

8

GAO, Border Security: Implications of Eliminating the Visa Waiver Program, GAO-03-38 (Washington, D.C.: Nov. 22, 

2002). 

9

The refusal rate refers only to the temporary business and tourism visa applications that are denied as a percentage of the 

total temporary business and tourism visa applications for nationals of that country. 
Page 5 GAO-06-835R Visa Waiver Program

 

Following the attacks of September 11, 2001, Congress passed additional laws to strengthen 

border security policies and procedures, and DHS, in consultation with State, instituted 

additional policy measures, some of which affect a country’s participation in the Visa Waiver 

Program. For example, all passports issued after October 26, 2005, must contain a digital 

photograph in the document for travel to the United States under the program. Further, 

passports issued after October 26, 2006, must be electronic (e-passports).10 Travelers with 

passports that do not meet these requirements are required to obtain a visa from a U.S. 

embassy or consulate overseas before entering the United States. In addition, the May 2002 

Enhanced Border Security and Visa Entry Reform Act11 established that participation in the 

Visa Waiver Program was conditional on a country’s timely reporting of the theft of its stolen 

blank passports to the United States. 

On November 25, 2002, Congress passed the Homeland Security Act of 2002, which 

established DHS and gave it responsibility for visa policy, including the Visa Waiver 

Program.12 Prior to this date, the Department of Justice (Justice) had overall responsibility 

for managing the program. In July 2004, DHS created the Visa Waiver Program Oversight 

Unit within the Office of International Enforcement and directed that unit to manage the 

oversight of participating Visa Waiver Program countries, as well as the process for 

assessing the law enforcement and security implications of expanding the program’s 

membership. To help fulfill its responsibilities, DHS established an interagency working 

group comprised of representatives from State, Justice, and several DHS component 

agencies and offices, including Customs and Border Protection and Immigration and 

Customs Enforcement.

Process for Admitting Additional Countries into the Visa Waiver Program 

DHS is drafting procedures to help guide the process by which additional countries are 

admitted into the Visa Waiver Program. Until these procedures are finalized, DHS and State 

have an interim process. Under this process, the Secretary of Homeland Security, in 

consultation with the Secretary of State, can expand the membership of the Visa Waiver 

Program, assuming that a country meets certain requirements. First, State advises DHS of 

its intent to nominate a country for inclusion in the program. According to State, it may 

nominate a country only after it has determined that the country meets key criteria for visa 

waiver designation, including a low nonimmigrant refusal rate and reciprocal visa-free travel 

for U.S. citizens. Subsequently, State may also provide DHS with information on the 

nominated country, including 

• patterns of passport fraud, visa fraud, and visa abuse over the past 5 years; 

10In general, e-passports will contain a chip, which will be embedded in the passport. The chip will store the same 

information that is printed in the data page of the passport: the name, date of birth, gender, place of birth, dates of passport 

issuance and expiration, place of issuance, passport number, and photo image of the bearer. In addition, it will hold the 

unique chip identification number and a digital signature to protect the stored data from alteration. 

11The Enhanced Border Security and Visa Entry Reform Act of 2002, P.L 107-173. 

12P.L. 107-296.
Page 6 GAO-06-835R Visa Waiver Program 

 

• assessments of terrorism, by the country’s nationals, within or outside the country; 

and 

• evaluations of the impact of the country’s participation on U.S. national security and 

law enforcement. 

After State notifies DHS of its intent to nominate a country for inclusion in the program, the 

departments, according to DHS, may then agree to engage in a pre-nomination consultation 

process to ensure that all parties agree that there is a likelihood that U.S. law enforcement 

and security interests would not be compromised by the designation of that country, and 

that the country otherwise meets the program’s statutory requirements. If no clearly 

disqualifying objections are raised during this review, the Secretary of State submits a 

formal written nomination to the Secretary of Homeland Security. After a country’s formal 

nomination, DHS leads an interagency team to visit the nominated country. The team 

reviews the country’s 

• political, social, and economic conditions; 

• security over its passport and national identity documents; 

• border controls; and 

• immigration and nationality laws, law enforcement policies and practices, and other 

matters relevant to law enforcement, immigration, and national security. 

On the basis of the review and site visit, the interagency working group submits a 

recommendation to the Secretary of Homeland Security, who, in consultation with the 

Secretary of State, decides whether to admit the country to the program. 

Separate from this review process, on May 1 of each year,13 for each country under 

consideration for inclusion in the Visa Waiver Program, the Secretary of State must report to 

appropriate congressional committees on 

• the total number of nationals of that country who applied for U.S. visas in that 

country during the previous calendar year; 

• the total number of such nationals who received U.S. visas during the previous 

calendar year; 

• the total number of such nationals who were refused U.S. visas during the previous 

calendar year, and, specifically, under which provision of the Immigration and 

Nationality Act they were refused; and 

13In addition, not later than May 1 of each year, the U.S. chief of mission (acting or permanent) to each country under 

consideration for inclusion in the Visa Waiver Program, must certify to the appropriate congressional committees that the 

information described in the report is accurate, and provide a copy of the certification to the congressional committees.
Page 7 GAO-06-835R Visa Waiver Program

 

• the number of such nationals that were refused visas under section 214(b)14 of the 

Immigration and Nationality Act as a percentage of the visas that were issued to such 

nationals. 

U.S. Plans for Expanding Membership in the Visa Waiver Program 

In February 2005, President Bush announced that the United States would work with 

governments in countries that are seeking admission into the Visa Waiver Program—an 

effort called the “Road Map Initiative”—to help them become program members (see fig. 1 

for a map of the Road Map countries). DHS and State officials, as well as the President and 

other senior U.S. officials, have stated that this initiative aims to clarify the program’s 

statutory requirements to prospective candidates. Moreover, these officials have stated that 

the United States will work with the Road Map countries to help develop strategies to meet 

these requirements. In particular, in May 2006, the Assistant Secretary of State for East 

Asian and Pacific Affairs stated that the admission of South Korea into the program is one of 

his goals. According to DHS, some of the countries seeking admission to the program are 

U.S. partners in the war in Iraq and have high expectations that they will join the program 

due to their close economic, political, and military ties to the United States. Nevertheless, 

all aspiring countries must first meet the program’s statutory criteria for membership. 

14Section 214(b) of the 1952 Immigration and Nationality Act, as amended (P.L. 82-414, 8 U.S.C. § 1101 et seq.), generally 

presumes that aliens are immigrants until they establish to the satisfaction of the consular officer at the time of application

for a visa, and the border inspector at the time of application for admission, that they are entitled to nonimmigrant status. 

Pursuant to section 291, the burden of proof is on the applicant. If an alien cannot establish that he or she is entitled to 

nonimmigrant status, then the alien is considered to be an applicant for immigrant status and is not eligible to receive a 

nonimmigrant visa.
Page 8 GAO-06-835R Visa Waiver Program 

Figure 1: Road Map Countries 

In April 2005, State, in coordination with DHS, tasked the U.S. embassies in each of the 13 

aspiring Road Map countries to form bilateral consular working groups to help these 

countries understand and develop strategies to meet the program’s statutory criteria. 

Consular officials told us that law enforcement and security officials participate in some of 

these meetings, depending on the agenda and their availability. DHS representatives based 

in-country, or with regional responsibility for a country, were asked to participate in the 

consular working group meetings. For example, with funding from State, an Immigration

and Customs Enforcement official in Vienna, Austria, participated in the Hungarian working 

group. Throughout 2005, the working groups discussed the actions that the individual 

countries would take, with U.S. assistance, to meet the Visa Waiver Program requirements. 

For example, the plans cover issues related to meeting biometric and other technical and 

security criteria; reporting lost and stolen passport information; and public affairs 

campaigns regarding the implications of violating the terms of visas. According to DHS, 

some working groups have developed a formal document that outlines future plans, while 
Page 9 GAO-06-835R Visa Waiver Program

others have preferred a less formal approach that does not include development of a formal 

document. As of June 2006, DHS and State had approved the plans for seven countries: 

Poland, Czech Republic, Hungary, Estonia, Latvia, Lithuania, and South Korea. 

To further clarify the initiative’s objectives, in May 2006, DHS and State jointly issued a 

series of cables to posts in Road Map countries containing guidance on the types of issues 

that should be discussed in the bilateral working groups, and issues that should be reported 

back to DHS and State headquarters. Each cable focused on a particular area for discussion, 

including individual countries’ 

• passport and identification documents; 

• criteria for citizenship; and 

• reporting of lost and stolen passport data. 

According to State and DHS, discussion on these subjects will be a valuable tool for 

identifying and acting on areas of possible concern. Moreover, DHS stated that the working 

groups will be critical in developing serious and meaningful activities for each country, 

which are based on the statutory requirements that must be met. 

Despite the President’s and other officials’ stated desire to help Road Map countries gain 

program membership, and despite ongoing efforts to provide such assistance, according to 

State and DHS, it is unlikely that many of the new countries will meet the statutory 

requirements for designation to the Visa Waiver Program in the near future. For example, 

the visa refusal rates in many of the Road Map countries are more than 20 percent, 

according to consular officials. In addition, State and DHS have cited law enforcement and 

security concerns regarding some of these countries, including immigration and border 

control issues, alien smuggling, and a high degree of passport fraud. Consular officials 

stated that they are working actively with the governments in the Road Map countries to 

clarify the program’s statutory requirements. However, State did not submit a report to 

Congress on May 1, 2006, indicating that it was considering new members, and Consular 

Affairs Bureau officials stated that they are not actively considering expanding program 

membership before next year’s May 1, 2007, report deadline. 

Conclusions 

Many countries are actively seeking admission into the Visa Waiver Program, and the 

President has announced his support for the program’s expansion. Moreover, the President 

and other senior U.S. officials have stated publicly their goal to add countries to the 

program. However, legislation requires that aspiring countries meet certain criteria before 

the Secretaries of State and Homeland Security may consider them for membership. Several 

countries have already committed to improving in areas that are vital to attaining this status, 

and which would also benefit all countries worldwide, such as border security and passport 

issuance processes, and DHS and State are assisting these countries in meeting these 

requirements through the consular working groups. However, it does not appear there will 
Page 10 GAO-06-835R Visa Waiver Program 

be any expansion of the Visa Waiver Program in the short term, because despite ongoing 

progress, these countries will still fall short of the program’s statutory requirements. 

Agency Comments and Our Evaluation 

State and DHS provided written comments on a draft of this report (see enclosures I and II). 

State agreed with our conclusions, stating that the report is a balanced description of the 

process for admitting additional countries into the Visa Waiver Program, as well as the U.S. 

government’s Road Map initiatives. In addition, State provided further detail about the 

department’s role in the nomination process for countries seeking admission into the 

program. In particular, State noted that it notifies DHS of its intent to nominate a country 

only after consideration of key criteria—visa refusal rate, status of biometric passport 

implementation, lost and stolen passport reporting, and reciprocal visa-free travel for U.S. 

citizens—while DHS is responsible for evaluating the impact a country’s participation would 

have on U.S. law enforcement and security interests. We have reflected this point in the 

report. State also said that the department has not ruled out the possibility of nominating 

new countries into the Visa Waiver Program in a May 1, 2007 report to Congress. Lastly, 

State noted that the consular working groups’ discussions with Road Map countries provide 

a useful basis for continuing to encourage countries to pursue immigration, law 

enforcement, and security policies, which, apart from the Visa Waiver Program, are in their 

own and U.S. interests. State also provided technical comments, which we incorporated 

into the report, as appropriate. 

DHS stated that the report’s clear description of the Visa Waiver Program’s statutory 

requirements and the designation process will assist the department’s efforts to 

communicate these matters to the public and to countries seeking to participate in the 

program. DHS also provided details about the interim procedures in place for admitting 

additional countries into the program, which we have reflected in the report. In addition, 

DHS noted that while an interagency working group was convened in the past to evaluate 

the effect that a country's designation would have on the law enforcement, security, and 

immigration interests of the United States, such a group may or may not be utilized in future 

evaluations of prospective countries. DHS also provided technical comments on a draft of 

this report, which we have incorporated, as appropriate. 

As agreed with your office, unless you publicly announce the contents of this report earlier, 

we plan no further distribution until 30 days from the report date. At that time, we will 

provide copies of this report to the Secretaries of Homeland Security and State, and will 

make copies available to others upon request. In addition, this report will be available at no 

charge on the GAO Web site at http://www.gao.gov. 
Page 11 GAO-06-835R Visa Waiver Program

If you or your staff have any questions about this report, please contact me at (202) 512-4128 

or fordj@gao.gov. The key contributors to this report were John Brummet, Assistant 

Director; Kathryn Bernet, Joseph Brown, Joseph Carney, Jane Kim, and Mary Moutsos. 

Jess T. Ford 

Director, International Affairs and Trade 

Enclosures - 2 
Page 12 GAO-06-835R Visa Waiver Program 

Enclosure I: Comments from the Department of State 
Page 13 GAO-06-835R Visa Waiver Program
Page 14 GAO-06-835R Visa Waiver Program 
Page 15 GAO-06-835R Visa Waiver Program
Page 16 GAO-06-835R Visa Waiver Program 

Enclosure II: Comments from the Department of Homeland Security 
Page 17 GAO-06-835R Visa Waiver Program
Page 18 GAO-06-835R Visa Waiver Program 

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