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The Visa Waiver Program (VWP) is
a program of the United States Government which allows citizens of specific
countries to travel to the United States for tourism or business for up to
90 days without having to obtain a visa. The program applies to the 50 U.S.
states as well as the U.S. territories of Puerto Rico and the Virgin Islands
in the Caribbean, with limited application to other U.S. territories. All
countries selected by the U.S. government to be in the program are
high-income economies with a high Human Development Index and are regarded
as developed countries.
Eligible Countries
To be eligible for a visa waiver under the VWP, the traveler seeking
admission to the United States must be a citizen of a country that has been
designated by the United States Secretary of Homeland Security, in
consultation with the Secretary of State, as a "program country". Permanent
residents of designated countries who are not also citizens of a designated
country do not qualify for a visa waiver. The criteria for designation as
program countries are specified in Section 217 (c) of the Immigration and
Nationality Act (Title 8 U.S.C. §1187). The criteria stress passport
security and a very low nonimmigrant visa refusal rate: not more than 3% as
specified in Section 217 (c)(2)(A) of the Immigration and Nationality Act,
as well as ongoing compliance with the immigration law of the United States.
Eligibility for the visa waiver may be withdrawn at any time. Usually this
may happen if the United States feels that citizens of a certain country are
more likely than before to violate their VWP restrictions, such as working
without a permit or overstaying their allowed period of stay in the United
States. Accordingly, Argentina's participation in the VWP was terminated in
2002 in light of the financial crisis taking place in that country and its
potential effect on mass emigration and unlawful overstay of its citizens in
the United States by way of the VWP. Uruguay's participation in the program
was revoked in 2003 for similar reasons. While a country's political and
economic standing doesn't directly determine its eligibility, it is widely
believed that citizens of politically-stable and economically-developed
nations don't have much incentive to illegally seek employment and violate
their visa while in the U.S., risks that the consul seriously considers in
approving or denying a visa.
Malaysia are not in the eligible
countries list of this program.
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