TITLE II:IMMIGRATION Part II
 Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
Section Text

§ 217 (8 USC 1187) Visa waiver program for certain visitors
a.
Establishment of program
1.
Seeking entry as tourist for 90 days or less
2.
National of program country
3.
Machine readable passport
A.
In general
B.
Limited waiver authority
4.
Executes immigration forms
5.
Entry into the United States
6.
Not a safety threat
7.
No previous violation
8.
Round-trip ticket
9.
Automated system check
10.
Electronic transmission of identification information
11.
Eligibility determination under the electronic travel authorization system
b.
Waiver of rights
c.
Designation of program countries
1.
In general
2.
Qualifications
A.
Low nonimmigrant visa refusal rate
B.
Machine readable passport program
i.
In general
ii.
Deadline for compliance for certain countries
C.
Law enforcement and security interests
D.
Reporting lost and stolen passports
E.
Repatriation of aliens
F.
Passenger information exchange
3.
Continuing and subsequent qualifications
A.
Continuing qualification
B.
New countries
i.
Low nonimmigrant visa refusal rate in previous 2-year period
ii.
Low nonimmigrant visa refusal rate in each of the 2 previous years
4.
Initial period
5.
Written reports on continuing qualification; designation terminations
A.
Periodic evaluations
i.
In general
ii.
Effective date
iii.
Redesignation
B.
Emergency termination
i.
In general
ii.
Definition
iii.
Redesignation
iv.
Program suspension authority
C.
Treatment of nationals after termination
6.
Computation of visa refusal rates
7.
Visa waiver information
A.
In general
B.
Reporting requirement
C.
Certification
D.
Consideration of countries in the visa waiver program
E.
Definition
8.
Nonimmigrant visa refusal rate flexibility
A.
Certification
i.
In general
ii.
Notification to Congress
iii.
Temporary suspension of waiver authority
iv.
Rule of construction
B.
Waiver
C.
Maximum visa overstay rate
i.
Requirement to establish
ii.
Visa overstay rate defined
iii.
Report and publication
9.
Discretionary security-related considerations
10.
Technical assistance
11.
Independent review
A.
In general
B.
Reporting requirement
C.
Contents
d.
Authority
e.
Carrier agreements
1.
In general
2.
Termination of agreements
3.
Business aircraft requirements
A.
In general
B.
Collections
f.
Duration and termination of designation
1.
In general
A.
Determination and notification of disqualification rate
B.
Probationary status
C.
Termination of designation
2.
Termination of probationary status
A.
In general
B.
Effective date
3.
Nonapplicability of certain provisions
4.
“Disqualification rate” defined
5.
Failure to report passport thefts
g.
Visa application sole method to dispute denial of waiver based on a ground of inadmissibility
h.
Use of information technology systems
1.
Automated entry-exit control system
A.
System
B.
Requirements
i.
Data collection by carriers
ii.
Data provision by carriers
iii.
Calculation
C.
Reporting
i.
Percentage of nationals lacking departure record
ii.
System effectiveness
2.
Automated data sharing system
A.
System
B.
Requirements
i.
Supplying information to immigration officers conducting inspections at ports of entry
ii.
Supplying photographs of inadmissible aliens
iii.
Maintaining records on applications for admission
3.
Electronic travel authorization system
A.
System
B.
Fees
i.
In general
ii.
Disposition of amounts collected
iii.
Sunset of Travel Promotion Fund fee
C.
Validity
i.
Period
ii.
Limitation
iii.
Not a determination of visa eligibility
iv.
Judicial review
D.
Report
i.
Exit system
1.
In general
2.
System requirements
3.
Report