U.S. Designates Qatar for Visa Waiver Program: Why Nepal Remains Ineligible?

The United States has officially designated Qatar as a participant in its Visa Waiver Program, making it the first Arab nation to qualify for this status. This designation, effective from September 24, 2024, allows eligible citizens, nationals, and passport holders from Qatar to apply for admission to the U.S. at ports of entry as nonimmigrant visitors for up to ninety days for business or pleasure without needing to first obtain a nonimmigrant visa, provided they meet the applicable statutory and regulatory requirements. Beginning December 1, 2024, Qatari passport holders will no longer need to secure an advance visa to enter the U.S. With this addition, the total number of countries in the Visa Waiver Program will rise to 42.

Eligible citizens and nationals of Visa Waiver Program (VWP) countries may apply for admission to the United States as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa. To qualify, applicants must seek admission specifically as nonimmigrant visitors for a duration of ninety days or less, and they must be nationals of a designated VWP country. Before departure, they must present a machine-readable, electronic passport issued by a participating country to the air or vessel carrier and complete the required immigration forms.

For those arriving by air or sea, it is essential to travel on an authorized carrier. Additionally, applicants must not pose a threat to the welfare, health, safety, or security of the United States, and they must have a clean record, having not violated U.S. immigration law during any previous admission under the VWP. They should possess a round-trip ticket unless exempted by statute or federal regulation.

Furthermore, the identity of the noncitizen must be checked to uncover any grounds for inadmissibility, ensuring that no such grounds are found. Certain aircraft operators are required to electronically transmit information about noncitizen passengers as stipulated by statute and regulation. Additionally, travelers must obtain an approved travel authorization via the Electronic System for Travel Authorization (ESTA).

Applicants must also confirm that they have not been present in Iraq, Syria, or any country designated as a state sponsor of terrorism since March 1, 2021, although there are exemptions and waivers available. Lastly, travelers must waive their right to review or appeal any decisions regarding admissibility or contest actions for removal, other than through an application for asylum.

The final rule regarding Qatar’s designation is scheduled to be published in the Federal Register on September 26, 2024. Prior to this final rule, the designated countries in the Visa Waiver Program included Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, San Marino, Singapore, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.

The eligibility requirements for a country’s designation in the Visa Waiver Program (VWP) are outlined in Section 217 of the Immigration and Nationality Act, as amended by the Secure Travel and Counterterrorism Partnership Act of 2007. For a country to be considered for inclusion in the VWP, several conditions must be met. One key requirement is that the country must maintain an annual nonimmigrant visitor visa (B visa) refusal rate of less than three percent or, in some cases, a lower average percentage over the previous two fiscal years. Additionally, the country must agree to accept the repatriation of its citizens, former citizens, and nationals ordered removed from the United States within three weeks of receiving a final order of removal.

Another crucial requirement is that the country must enter into an agreement with the United States to report lost and stolen passport information. This reporting must be done through INTERPOL or another method designated by the U.S. Secretary of Homeland Security. Furthermore, the country must agree to share terrorism and serious criminal information with the United States, demonstrating its commitment to counterterrorism and law enforcement cooperation.

In terms of documentation, the country must issue electronic, machine-readable passports that contain biometric identifiers. These passports enhance the ability to verify travelers’ identities and support the security measures in place. Before a country is admitted into the VWP, it must undergo a Department of Homeland Security (DHS)-led evaluation to assess how its inclusion will impact U.S. security, law enforcement, and immigration interests. In conjunction with this evaluation, an independent intelligence assessment, produced by the DHS Office of Intelligence and Analysis on behalf of the Director of National Intelligence, must also be conducted.

These strict eligibility criteria ensure that only countries meeting the highest standards of security, cooperation, and immigration control are admitted into the U.S. Visa Waiver Program. Countries that fulfill all these requirements are able to participate in the VWP, allowing their citizens to travel to the U.S. for short stays without obtaining a visa.

Why Nepal Remains Ineligible?

Nepal is ineligible for the Visa Waiver Program because it does not meet the criteria. The denial rate for Nepali applicants for visitor visas is significantly higher.

In fiscal year 2023, nearly 69 percent of total Nepali applicants received U.S. visitor visas. According to data from the U.S. Department of State, Bureau of Consular Affairs, 31.3 percent of Nepali applicants for visitor visas were rejected. However, this visa approval rate is lower compared to the previous fiscal year.

During fiscal year 2023, 18,245 Nepali people were granted U.S. visitor visas. This year, approximately 26,500 Nepalis applied for visitor visas, with nearly 8,300 applications being rejected. In fiscal year 2022, the U.S. granted visitor visas to nearly 80 percent of total Nepali applicants, with about 22,729 Nepalis applying and 18,214 being approved. Among the applicants, nearly 4,515 Nepalis did not receive visas, representing 19.85 percent of the total number of visitor visa applicants. The United States granted U.S. visitor visas to almost 81 percent of Nepali applicants in fiscal year 2021.

In 2021, the United States issued 7,128 visitor visas to Nepalis, with only 18.72 percent of the applications rejected. Out of a total of 8,773 Nepali applicants for visitor visas, 1,645 did not receive visas. Due to the COVID-19 pandemic in 2021, many individuals applied for visa renewals without interviews, resulting in a historically high rate of U.S. visa approvals for Nepalis.

Prior to that, in fiscal year 2020, approximately 51.9 percent of applicants were granted visitor visas by the United States. However, that percentage was the highest compared to the previous three years. Compared to fiscal year 2020, the approval rate increased in 2021 but then decreased again. In fiscal year 2020, nearly 15,000 Nepalis applied for U.S. visitor visas, with 7,751 being approved, according to the Bureau of Consular Affairs of the U.S. Government.

The visitor visa rejection rate for Nepali applicants was 50.7 percent in 2019 and 51.5 percent in 2018, with a rejection rate of 46.4 percent in fiscal year 2017. In fiscal year 2018, the rejection rate for Nepali visitor visas was the highest since 2012. In 2011, the denial rate was even higher, with 59.9 percent of total applicants being denied visitor visas. From 2006 to 2011, the percentage of visitor visa applicants was higher than those who were denied. However, from 2012 to 2017, the percentage of applicants receiving visas surpassed those who did not. In 2014, 61.8 percent of all Nepali applicants for visitor visas were granted visas, while 38.2 percent were denied.