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Visa Waiver Program: The nomination process

The process of the nomination for those countries or country to be included in the VWP program is actually based on a 1997 protocol instituted between the Departments of State and Justice. Under this procedure, the Department of State begins the process by advising the Department of Justice of its objective to designate a country for the consideration to be included in the Visa Waiver Program.

The Department of State may only designate that country that has provided the needed requirements of the first three qualifications being listed above (including the 3% below refusal rate, the reciprocal treatment for U.S. citizens and the machine readable passport program). However, if all of these three requirements have not been met by that certain country, and if the Department of State believes that there are certain deficiencies in other qualification area whereas are significant for the whole process, the Department need not nominate the country.

Once the Department of State has declared that the requirements are hereby needed by that country is met and has advised the Department of Justice of its intent to designate that certain country, an interagency panel is tasked to review the nomination. They will focus on the impact inclusion of that certain country in the VWP program that denotes other qualifications like law enforcement capabilities, national security stability as well as immigration control. And if there are no other disqualifying objects and certain requirements are being provided during the prenomination review, the Secretary of State will submit a formal written nomination to the Attorney General.

Once the country is officially nominated for VWP eligibility, the INS leads a site of group of representatives from other interested agencies to pay visit for the nominated country. The group will handle the evaluation and other analysis on the country’s social, economic and political condition; the security of its passport as well as the national identity documents; the border control stability, immigration and nationality laws and law enforcement recommendations of policies and practices; and other matters that may be of any concern of law enforcement, immigration issues or national security matters.

Basing on the prenomination evaluation, reviews, analysis and site visit, the interagency working team will submit a recommendation to the Attorney General, who then provides the sanctioning and major decision for that country to be included in the Visa Waiver Program participation.  more ..

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