Requested Extension for Biometrics of VWP Countries
Posted Apr 16, 2004

The U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) have requested Congressional action to extend the deadline for Visa Waiver Program (VWP) countries to include biometrics in passports issued on or after October 26, 2004. The request is for a two-year extension of the October 26, 2004 deadline established in the Enhanced Border Security and Visa Entry Reform Act of 2002. The reason for this request is that many VWP countries will not be able to meet the requirement. There are technical difficulties in complying, which are also being faced by the United States in efforts to include biometrics in our own passports.

The VWP visitors will be subject to the US-VISIT program by September 30, 2004. The US-VISIT Program was previously applicable only to persons entering with visas. More information on the US-VISIT program for fingerprinting and photographing most temporary entrants at the Ports of Entry is available in our January 9, 2004 MurthyBulletin article, US-VISIT Underway, available at MurthyDotCom.

It is feared that, without the extension, there will be a significant disruption in international travel. According to a recent Congressional Research Service study, 13.5 million people entered the U.S. under the VWP in 2003. This number accounts for 49% of the visitors to the United States. The VWP is only available to a very limited list of countries that, in addition to offering reciprocal benefits to U.S. citizens, have very low rates of visa refusals. If there is not an extension of the requirement that passports from VWP countries have biometric indicators, it will become necessary for the VWP visitors to apply for visitors' visas at the U.S. consulates in order to travel to the U.S. There are concerns this will further burden consulates, already bearing significant additional responsibilities and workloads compared to pre-2003, when personal interviews were mandated for most visa applicants. Persons from VWP countries, or those with relatives in those countries, should keep abreast of this issue if planning to travel to the United States.