PART 217—VISA WAIVER PROGRAM Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2. Source: 53 FR 24901, June 30, 1988, unless otherwise noted. § 217.1 Scope. The Visa Waiver Program (VWP) described in this section is established pursuant to the provisions of section 217 of the Act. [62 FR 10351, Mar. 6, 1997, as amended at 87 FR 18980, Apr. 1, 2022] § 217.2 Eligibility. (a) Definitions. Carrier Designated country https://www.dhs.gov/visa-waiver-program. Round trip ticket (b) Special program requirements General. (2) Persons previously removed as deportable aliens. (c) Restrictions on manner of arrival Applicants arriving by air and sea. (2) Applicants arriving at land border ports of entry. (d) Aliens in transit. [62 FR 10351, Mar. 6, 1997, as amended at 62 FR 50999, Sept. 30, 1997; 64 FR 42007, Aug. 3, 1999; 67 FR 7945, Feb. 21, 2002; 68 FR 10957, Mar. 7, 2003; 73 FR 67712, Nov. 17, 2008; 73 FR 79597, Dec. 30, 2008; 75 FR 15992, Mar. 31, 2010; 77 FR 64411, Oct. 22, 2012; 79 FR 17854, Mar. 31, 2014; 84 FR 60318, Nov. 8, 2019; 85 FR 46925, Aug. 3, 2020; 86 FR 54031, Sept. 30, 2021; 87 FR 18980, Apr. 1, 2022; 88 FR 67065, Sept. 29, 2023; 89 FR 78785, Sept. 26, 2024; 89 FR 105392, Dec. 27, 2024] § 217.3 Maintenance of status. (a) Satisfactory departure. (b) Readmission after departure to contiguous territory or adjacent island. [62 FR 10351, Mar. 6, 1997, as amended at 87 FR 18980, Apr. 1, 2022] § 217.4 Inadmissibility and deportability. (a) Determinations of inadmissibility. (2) The removal of an alien under this section may be deferred if the alien is paroled into the custody of a Federal, State, or local law enforcement agency for criminal prosecution or punishment. This section in no way diminishes the discretionary authority of the Attorney General enumerated in section 212(d) of the Act. (3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act. (b) Determination of deportability. (2) Removal by the district director under paragraph (b)(1) of this section is equivalent in all respects and has the same consequences as removal after proceedings conducted under section 240 of the Act. (c)(1) Removal of inadmissible aliens who arrived by air or sea. (2) Removal of inadmissible and deportable aliens who arrived at land border ports-of-entry. [53 FR 24901, June 30, 1988, as amended at 56 FR 32953, July 18, 1991; 62 FR 10351, Mar. 6, 1997; 74 FR 55738, Oct. 28, 2009] § 217.5 Electronic System for Travel Authorization. (a) Travel authorization required. (b) Time Applicants arriving at air or sea ports of entry. (2) Applicants arriving at land ports of entry. (c) Required elements. (d) Duration General Rule. (2) Exception. (3) The Secretary, in consultation with the Secretary of State, may increase or decrease ESTA travel authorization validity period otherwise authorized by subparagraph (1) for a designated VWP country. Notice of any change to ESTA travel authorization validity periods will be published in the Federal Register. (e) New travel authorization required. (1) The alien is issued a new passport; (2) The alien changes his or her name; (3) The alien changes his or her gender; (4) The alien's country of citizenship changes; or (5) The circumstances underlying the alien's previous responses to any of the ESTA application questions requiring a “yes” or “no” response (eligibility questions) have changed. (f) Limitations Current authorization period. (2) Not a determination of visa eligibility. (3) Judicial review. (4) Revocation. (g) [Reserved] (h) Fee. (2) Beginning October 1, 2027, the fee for using ESTA is an operational fee of $4 to at least ensure recovery of the full costs of providing and administering the system. [73 FR 32452, June 9, 2008, as amended at 75 FR 47708, Aug. 9, 2010; 80 FR 32294, June 8, 2015; 87 FR 18980, Apr. 1, 2022; 87 FR 30773, May 20, 2022] § 217.6 Carrier agreements. (a) General. (b) Termination of agreements. [62 FR 10352, Mar. 6, 1997] § 217.7 Electronic data transmission requirement. (a) An alien who applies for admission under the provisions of section 217 of the Act after arriving via sea or air at a port of entry will not be admitted under the Visa Waiver Program unless an appropriate official of the carrier transporting the alien electronically transmitted to Customs and Border Protection (CBP) passenger arrival manifest data relative to that alien passenger in accordance with 19 CFR 4.7b or 19 CFR 122.49a. Upon departure from the United States by sea or air of an alien admitted under the Visa Waiver Program, an appropriate official of the transporting carrier must electronically transmit to CBP departure manifest data relative to that alien passenger in accordance with 19 CFR 4.64 and 19 CFR 122.75a. (b) If a carrier fails to submit the required electronic arrival or departure manifests specified in paragraph (a) of this section, CBP will evaluate the carrier's compliance with immigration requirements as a whole. CBP will inform the carrier of any noncompliance and then may revoke any contract agreements between CBP and the carrier. The carrier may also be subject to fines for failure to comply with manifest requirements or other statutory provisions. CBP will also review each Visa Waiver Program applicant who applies for admission and, on a case-by-case basis, may authorize a waiver under current CBP policy and guidelines or deny the applicant admission into the United States. [70 FR 17848, Apr. 7, 2005]