Visa Waiver Program - Visa Waiver Program Restrictions

Visa Waiver Program Restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). However, VWP visitors may seek to adjust status on the basis of either (1) marriage to a US citizen or (2) an application for asylum. If one seeks to enter the U.S. under the VWP and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travelers can leave to contiguous countries (Canada, Mexico and the Caribbean), but will not be granted another 90 days after reentry in the United States.

There are restrictions on the type of employment-related activities allowed. Meetings and conferences in relation to the alien's profession/line of business/employer in their home country, are generally acceptable, but most forms of "gainful employment" are not. There are however poorly-classifiable exceptions such as persons performing professional services in the US for a non US employer, and persons installing, servicing and repairing commercial or industrial equipment or machinery pursuant to a contract of sale. Performers (such as actors and musicians) who plan on performing live or taping scenes for productions back home, as well as athletes participating in an athletic event are likewise not allowed to use the VWP for their respective engagements and are instead required to have an O or P visa prior to arrival. Foreign media representatives and journalists on assignment are required to have a nonimmigrant media (I) visa.

Applicant should display social and economic ties which bind them to their country of origin or may be refused entry.

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