Citizens of Israel eligible for Visa Waiver Program from September 19

Update: The start date for implementation has been moved up to September 19, 2023.

Original post:

As of November 30, 2023, Israel will be the 41st member of the Visa Waiver Program (VWP). Citizens of member countries of the Visa Waiver Program may enter the United States for business or tourism for up to 90 days without a visa. In return, U.S. citizens may enter member countries under the same conditions. Beginning on November 30th, Israeli citizens may apply online for authorization to travel to the U.S. through the Electronic System for Travel Authorization (ESTA). 

Citizens of countries participating in the Visa Waiver Program (VWP) may travel to the United States as visitors for business or pleasure without first obtaining a visitor’s (B-1 or B-2) visa from a U.S. Consulate. VWP admittees may enter for periods of up to 90 days, provided that they are eligible for admission under applicable law.

On September 27, the Secretary of Homeland Security announced the designation of Israel in the VWP. Eligible Israeli passport holders with ESTA clearance will be able to visit the U.S. without visas from November 30. There are now 41 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

Like other VWP travelers, eligible Israeli passport holders must apply for advance authorization through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance.

© Jewell Stewart & Pratt PC 2023

ESTA Ineligibility for Dual Nationals of and Persons Present in Cuba

On July 6, 2023, Customs & Border Protection (CBP) updated the online Electronic System for Travel Authorization (ESTA) to exclude persons who are dual nationals of a Visa Waiver Program country and of Cuba. Persons present in Cuba on or after the January 21, 2021 Department of State designation of Cuba as a State Sponsor of Terrorism are also ineligible for ESTA. Travelers who already have an approved ESTA will have it revoked. CBP noted in its update to carriers that “[i]t is stressed that travel to the United States is not barred for those travelers who are affected by the restriction and do not meet the exemption criteria. If you encounter such a traveler, direct them to apply for a nonimmigrant visa at any U.S. embassy or consulate.”

In COVID-19 pandemic, U.S. government takes actions affecting Visa Waiver Program (ESTA) visitors

Updated April 21, 2020

The Visa Waiver Program (VWP) enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of up to 90 days without obtaining a physical visitor visa. Citizens and nationals of VWP countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP.

The American Immigration Lawyers Association (AILA) advised on March 14, 2020 that certain ESTA registrations were being revoked by the Department of Homeland Security (DHS). This was part of a planned U.S. government action to prevent travelers outside of the United States who are barred under the COVID-19 travel bans from attempting to travel to the United States. These revocations are without prejudice and those travelers will be able to apply for ESTA in the future.

VWP travelers are typically granted a stay of 90 days from the date of their U.S. entry. There are adverse legal consequences to remaining in the United States after that stay expires (commonly known as “overstaying”). However, travel restrictions put in place around the world in response to the COVID-19 pandemic may make overstaying impossible to avoid. A pre-existing federal regulation at 8 CFR § 217.3 provides relief known as “satisfactory departure.” The regulation provides that if an emergency prevents a VWP visitor from departing the United States within their period of authorized stay, the U.S. Citizenship & Immigration Services (USCIS) office with jurisdiction over the place of the visitor’s U.S. location may grant a period of “satisfactory departure” not to exceed 30 days—and if departure is accomplished during that period, the traveler is not regarded as having overstayed.

On April 13, 2020, USCIS announced that “satisfactory departure” may be requested from USCIS by contacting the USCIS Contact Center. The Contact Center will collect information from the requestor, including an image of their passport biographic page, and forward the request to the USCIS field office closest to the requestor, which will then process the request. Per the regulations, USCIS may grant a period of satisfactory departure for up to 30 days. USCIS also stated that it may grant an additional 30-day period of satisfactory departure to VWP visitors already granted satisfactory departure who are unable to depart within the initial 30-day period due to COVID-19 related issues. Therefore, at this time, VWP visitors may seek up to 60-days of relief, presumably requiring two 30-day requests, by contacting the USCIS Contact Center. 

Similarly, on April 17, 2020, U.S. Customs and Border Protection (CBP) issued guidance to all ports of entry and deferred inspection sites regarding the process for VWP visitors to apply for satisfactory departure. Therefore, it appears that VWP visitors may apply for satisfactory departure with either USCIS or CBP.

© Jewell Stewart & Pratt PC 2020

CBP announces Electronic Visa Update System details

News Release from Jewell Stewart & Pratt PC From November 29, 2016, all People’s Republic of China (PRC) passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System (EVUS) enrollment when traveling to the United States.

EVUS is the online system used by nationals of the PRC holding a 10-year B1/B2, B1, or B2 visa. Visitors update their basic biographic information on EVUS to facilitate their travel to the United States.

U.S. Customs & Border Patrol (CBP) recommends that travelers enroll in EVUS as early as possible, or at least 72 hours before they are scheduled to leave for the United States. The fee to enroll is $8, and enrollments are valid for two years or until the traveler obtains a new passport or visa, whichever comes first.

If PRC travelers do not update their information at least every two years, or upon obtaining a new passports after EVUS becomes effective, they will not be able to use their 10-year visas. For more information, see the full announcement on the CBP website.

© Jewell Stewart & Pratt PC 2016

Citizens of Chile eligible for Visa Waiver Program from May 1

News Release from Jewell & Associates, PC

Citizens of countries participating in the Visa Waiver Program (VWP) may come to the United States as visitors for business or pleasure without first obtaining visitors’ (B-1 or B-2) visas from U.S. Consulates. They may visit for periods of up to 90 days, provided that they are eligible for admission under applicable law.

On February 28 the Secretary of Homeland Security announced the designation of Chile in the VWP. Eligible Chilean passport holders with ESTA clearance will be able to visit the U.S. without visas from May 1, 2014. There now are 38 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

Like other VWP travelers, eligible Chilean passport holders must apply for advance authorization through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance.

© Jewell & Associates, PC 2014