WHAT THE LAW DOINCongress, in plain words

The law › Title 8, Aliens and Nationality › Chapter 12

8 U.S.C. 1187: Visa waiver program for certain visitors

Created in 1986 by Public Law 99-603. Changed by 19 later laws. 1 new law this Congress changed it.

10 other sections of the Code cite this one, including 8 U.S.C. 1182, 8 U.S.C. 1184, 8 U.S.C. 1187a, 8 U.S.C. 1229c, 8 U.S.C. 1255.

5 parts of federal rules cite it as their authority, written by Department of Homeland Security (3), Executive Office for Immigration Review, Department of Justice (2).

This Congress

  • H.R. 1 An act to provide for reconciliation pursuant to title II of H. Con. Res. 14. · became law · changed (h)

How it got here

2022

  • Pub. L. 117–103 substituted "October 31, 2028" for "September 30, 2027". (Consolidated Appropriations Act, 2022) Law text · (h)

2019

  • Pub. L. 116–94 substituted "$17" for "$10". (Further Consolidated Appropriations Act, 2020) Law text · (h)

2018

  • Pub. L. 115–123 substituted "September 30, 2027" for "September 30, 2020". (Bipartisan Budget Act of 2018) Law text · (h)

2015

  • Pub. L. 114–113, §209(b)(1), substituted "electronic system for travel authorization" for "electronic travel authorization system" wherever appearing. (Consolidated Appropriations Act, 2016) Law text
  • Pub. L. 114–113, §209(a), substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing, except in subsec. (c)(11)(B). (Consolidated Appropriations Act, 2016) Law text
  • Pub. L. 114–113, §202(a), amended par. (3) generally. Prior to amendment, par. (3) related to machine readable passport requirement. (Consolidated Appropriations Act, 2016) Law text · (a)
  • Pub. L. 114–113, §209(b)(2), substituted "electronic system for travel authorization" for "electronic travel authorization system" in heading. (Consolidated Appropriations Act, 2016) Law text · (a)
  • Pub. L. 114–113, §203, added par. (12). (Consolidated Appropriations Act, 2016) Law text · (a)
  • Pub. L. 114–113, §202(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to machine readable passport program. (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §205(a)(1), substituted ", the Committee on Foreign Affairs, and the Committee on Homeland Security" for "and the Committee on International Relations" and ", the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs… (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §204(a), substituted "not later than 24 hours after becoming aware of the theft or loss" for "within a strict time limit". (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §204(c), inserted before period at end ", and fully implements such agreement". (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §204(b), added subpar. (G). (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §205(a)(2)(A)(i), (ii), inserted "the Permanent Select Committee on Intelligence," after "the Committee on Foreign Affairs," and "the Select Committee on Intelligence" after "the Committee on Foreign Relations,". (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §205(a)(2)(A)(iii)–(C), added subcl. (V). (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §206, added par. (12). (Consolidated Appropriations Act, 2016) Law text · (c)
  • Pub. L. 114–113, §204(d), added pars. (6) and (7). (Consolidated Appropriations Act, 2016) Law text · (f), (7)
  • Pub. L. 114–113, §209(b)(3), substituted "Electronic system for travel authorization" for "Electronic travel authorization system" in heading. (Consolidated Appropriations Act, 2016) Law text · (h)
  • Pub. L. 114–113, §207(a)(1), inserted "or shorten the period of eligibility under any such determination" after "any such determination". (Consolidated Appropriations Act, 2016) Law text · (h)
  • Pub. L. 114–113, §207(a)(2), added subpars. (D) to (F) and struck out former subpar. (D) which required submission of report regarding the implementation of the automated electronic travel authorization system. (Consolidated Appropriations Act, 2016) Law text · (h)

2014

  • Pub. L. 113–235, §605(b), substituted "September 30, 2020" for "September 30, 2015". (Consolidated and Further Continuing Appropriations Act, 2015) Law text · (h)

2010

  • Pub. L. 111–145, §9(h), formerly §9(e), as renumbered by Pub. L. 113–235, §606(1), amended subpar. (B) generally. Prior to amendment, text read as follows: "The Secretary of Homeland Security may charge a fee for the use of the System, which shall be— (United States Capitol Police Administrative Technical Corrections Act of 2009) Law text · (h)
  • Pub. L. 111–198, §5(a)(1), made technical amendment to reference in original act which appears in text as reference to "subsection (d) of section 2131 of title 22". (Homebuyer Assistance and Improvement Act of 2010) Law text · (h)
  • Pub. L. 111–198, §5(a)(2), substituted "September 30, 2015." for "September 30, 2014." (Homebuyer Assistance and Improvement Act of 2010) Law text · (h)

2007

  • Pub. L. 110–53, §711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted heading. (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (a)
  • Pub. L. 110–53, §711(d)(1)(A)(ii), added par. (11). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (a)
  • Pub. L. 110–53, §711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: "The government of the country certifies that it reports to the United States Government on a timely basis the theft of blank passports issued by that… (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c)
  • Pub. L. 110–53, §711(d)(1)(B)(i)(II), added subpars. (E) and (F). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c), (F)
  • Pub. L. 110–53, §711(d)(1)(B)(ii)(I), substituted "Secretary of Homeland Security" for "Attorney General" in introductory provisions. (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c)
  • Pub. L. 110–53, §711(d)(1)(B)(ii)(II)(bb)(AA), substituted ", the Committee on Foreign Affairs, and the Committee on Homeland Security," for "and the Committee on International Relations" and ", the Committee on Foreign Relations, and the Committee on Homeland Security an… (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c)
  • Pub. L. 110–53, §711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c)
  • Pub. L. 110–53, §711(d)(1)(B)(ii)(I), substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing. (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c), (iii), (B)
  • Pub. L. 110–53, §711(d)(1)(B)(ii)(III), added cl. (iv). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c)
  • Pub. L. 110–53, §711(c), added pars. (8) and (9). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c), (9)
  • Pub. L. 110–53, §711(d)(1)(B)(iii), added pars. (10) and (11). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (c), (11)
  • Pub. L. 110–53, §711(d)(1)(C), substituted "Secretary of Homeland Security" for "Attorney General" in first sentence and inserted at end "The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the H… (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (d)
  • Pub. L. 110–53, §711(d)(1)(D), substituted "Secretary of Homeland Security" for "Attorney General" in two places and "theft or loss of passports" for "theft of blank passports". (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (f)
  • Pub. L. 110–53, §711(d)(1)(E), added par. (3). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (h)
  • Pub. L. 110–53, §711(d)(1)(F), added subsec. (i). (Implementing Recommendations of the 9/11 Commission Act of 2007) Law text · (i)

2002

  • Pub. L. 107–173, §307(a)(1), added subpar. (D). (Enhanced Border Security and Visa Entry Reform Act of 2002) Law text · (c)
  • Pub. L. 107–173, §307(a)(2), substituted "2 years" for "5 years" in introductory provisions. (Enhanced Border Security and Visa Entry Reform Act of 2002) Law text · (c)
  • Pub. L. 107–173, §307(a)(3), added par. (5). (Enhanced Border Security and Visa Entry Reform Act of 2002) Law text · (f)

2001

  • Pub. L. 107–56, §417(d), which directed the substitution of "(A) In general.—Except as provided in subparagraph (B), on or after" for "On or after" and the addition of subpar. (B), was executed making the substitution for "On and after" and adding subpar. (B) to reflect the probable… (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (a)
  • Pub. L. 107–56, §417(c), substituted "2003," for "2007,". (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001) Law text · (a)

2000

  • Pub. L. 106–396, §101(a)(1), in section catchline struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text
  • Pub. L. 106–396, §§101(a)(2)(A), (B), 403(c), struck out "pilot" before "program" in heading and two places in introductory provisions and inserted concluding provisions. (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §101(a)(2)(C), substituted "program" for "pilot program period (as defined in subsection (e) of this section)". (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §101(a)(2)(D), in heading struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §201, inserted ", either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions," after "to extend)". (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). (Visa Waiver Permanent Program Act) Law text · (a), (4)
  • Pub. L. 106–396, §403(a), substituted ", including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Fede… (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). (Visa Waiver Permanent Program Act) Law text · (a), (7)
  • Pub. L. 106–396, §403(b), inserted "or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of t… (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §202(a)(1), designated par. (7) as (8). (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §203(a), added par. (9). (Visa Waiver Permanent Program Act) Law text · (a)
  • Pub. L. 106–396, §101(a)(3), struck out "pilot" before "program" in introductory provisions. (Visa Waiver Permanent Program Act) Law text · (b)
  • Pub. L. 106–396, §101(a)(4)(A), in heading struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §101(a)(4)(B), struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §101(a)(4)(C), in introductory provisions, substituted "subsection (f)" for "subsection (g)" and struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §202(b), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens." (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §204(a), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: "The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country." (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §101(a)(4)(D)(i), struck out "(within the pilot program period)" after "fiscal year" in introductory provisions. (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §101(a)(4)(D)(ii), struck out "pilot" before "program" in two places in introductory provisions. (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §101(a)(4)(D)(iii), struck out "pilot" before "program" in introductory provisions. (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §204(b), added par. (5). (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §206, added par. (6). (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §207, added par. (7). (Visa Waiver Permanent Program Act) Law text · (c)
  • Pub. L. 106–396, §§101(a)(5)(A), 403(d)(1)(A), in introductory provisions, substituted "carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title" for "car… (Visa Waiver Permanent Program Act) Law text · (e)
  • Pub. L. 106–396, §101(a)(5)(B), struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (e)
  • Pub. L. 106–396, §205(b), added subpar. (D). (Visa Waiver Permanent Program Act) Law text · (e)
  • Pub. L. 106–396, §403(d)(1), substituted "carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title" for "carrier" and "failure by a carrier (including any… (Visa Waiver Permanent Program Act) Law text · (e)
  • Pub. L. 106–396, §403(d)(2), added par. (3). (Visa Waiver Permanent Program Act) Law text · (e)
  • Pub. L. 106–396, §101(a)(6), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: "For purposes of this section, the term 'pilot program period' means the period beginning on October 1, 1988, and ending on April 30, 2000." (Visa Waiver Permanent Program Act) Law text · (f)
  • Pub. L. 106–396, §101(a)(7)(A), (B), struck out "pilot" before "program". (Visa Waiver Permanent Program Act) Law text · (f), (C)
  • Pub. L. 106–396, §101(a)(7)(C)–(E), substituted "as a program country" for "as a pilot program country" in two places in par. (2)(A) and struck out "pilot" before "program" in pars. (3) and (4)(A). (Visa Waiver Permanent Program Act) Law text · (f)
  • Pub. L. 106–396, §203(b), added subsec. (g). Former subsec. (g) redesignated (f). (Visa Waiver Permanent Program Act) Law text · (g)
  • Pub. L. 106–396, §205(a), added subsec. (h). (Visa Waiver Permanent Program Act) Law text · (h)

1998

  • Pub. L. 105–173, §3, reenacted heading without change and amended text generally. Prior to amendment, text consisted of introductory provisions and subpars. (A) to (D) relating to low nonimmigrant visa refusal rate for previous 2-year period, low nonimmigrant visa refusal rate for e… Law text · (c)
  • Pub. L. 105–173, §1, substituted "2000" for "1998". Law text · (f)

1997

  • Pub. L. 105–119 reenacted subsec. heading without change and amended text generally, substituting "April 30, 1998" for "September 30, 1997". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (f)

1996

  • Pub. L. 104–208, §635(a)(1), in introductory provisions, substituted "Attorney General, in consultation with the Secretary of State" for "Attorney General and the Secretary of State, acting jointly". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a)
  • Pub. L. 104–208, §635(c)(3), struck out "or is designated as a pilot program country with probationary status under subsection (g) of this section" after "subsection (c)". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a)
  • Pub. L. 104–208, §308(e)(9), substituted "removal of" for "deportation against". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (b)
  • Pub. L. 104–208, §635(a)(2), substituted "Attorney General, in consultation with the Secretary of State," for "Attorney General and the Secretary of State acting jointly". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
  • Pub. L. 104–208, §308(d)(4)(F), substituted "denied admission at the time of arrival" for "excluded from admission". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
  • Pub. L. 104–208, §635(a)(3), substituted "Attorney General, in consultation with the Secretary of State" for "Attorney General and the Secretary of State, acting jointly". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
  • Pub. L. 104–208, §635(b), substituted "1997." for "1996". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (f)
  • Pub. L. 104–208, §635(c)(1), amended heading and text of subsec. (g) generally. Prior to amendment, text provided authority for Attorney General and Secretary of State to designate countries as pilot program countries with probationary status. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (g)
  • Pub. L. 104–208, §308(d)(4)(F), substituted "denied admission at the time of arrival" for "excluded from admission". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (g)

1994

  • Pub. L. 103–416, §211(1), inserted before period at end "or is designated as a pilot program country with probationary status under subsection (g) of this section". · (a)
  • Pub. L. 103–416, §211(3), substituted "Except as provided in subsection (g)(4) of this section, a country" for "A country". · (c)
  • Pub. L. 103–416, §210, substituted "1996" for "1995.". · (f)
  • Pub. L. 103–415 substituted "1995" for "1994". · (f)
  • Pub. L. 103–416, §211(2), added subsec. (g). · (g)

1991

  • Pub. L. 102–232, §307(l)(3), substituted "paragraph (7)(B)(i)(II)" for "paragraph (26)(B)". · (a)
  • Pub. L. 102–232, §303(a)(1)(A), in heading substituted "into the United States" for "by sea or air". · (a)
  • Pub. L. 102–232, §303(a)(1)(B), made technical amendment to heading. · (b)
  • Pub. L. 102–232, §303(a)(2), substituted "subsection (a)(4)" for "subsection (a)(4)(C)". · (e)

1990

  • Pub. L. 101–649, §201(a)(1), inserted ", and presents a passport issued by," after "is a national of". · (a)
  • Pub. L. 101–649, §201(a)(2), in heading substituted reference to immigration forms for reference to entry control and waiver forms, and in text substituted "completes such immigration form as the Attorney General shall establish" for "— · (a)
  • Pub. L. 101–649, §201(a)(3), added par. (4) and struck out former par. (4) which waived visa requirement for certain aliens having round-trip transportation tickets. · (a)
  • Pub. L. 101–649, §201(a)(4), added par. (7). · (a)
  • Pub. L. 101–649, §201(a)(5), redesignated subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out subsec. (b) heading "Conditions before pilot program can be put into operation" and pars. (1) to (3) which related to prior notice to Cong… · (b)
  • Pub. L. 101–649, §201(a)(6)(A), substituted in heading, "In general" for "Up to 8 countries" and in text substituted "any country as a pilot program country if it meets the requirements of paragraph (2)" for "up to eight countries as pilot program countries for purposes of the pilot… · (c)
  • Pub. L. 101–649, §201(a)(6)(B), substituted "Qualifications" for "Initial qualifications" in heading and "A country" for "For the initial period described in paragraph (4), a country" in introductory provisions, and added subpars. (C) and (D). · (c)
  • Pub. L. 101–649, §201(a)(7), added subsec. (d). Former subsec. (d) redesignated (e). · (d)
  • Pub. L. 101–649, §201(a)(7), (8), redesignated subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former subsec. (e) redesignated (f). · (e)
  • Pub. L. 101–649, §201(a)(7), (9), redesignated subsec. (e) as (f) and substituted "on October 1, 1988, and ending on September 30, 1994" for "at the end of the 30-day period referred to in subsection (b)(1) of this section and ending on the last day of the third fiscal year which begin… · (f)

1988

  • Pub. L. 100–525, §2(p)(1), made technical amendment to directory language of Pub. L. 99–603, §313(a), which enacted this section.
  • Pub. L. 100–525, §2(p)(2), substituted "hereinafter" for "hereafter". · (a)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.