Hungary’s Visa Waiver Program Status Fully Restored by the U.S. Department of Homeland Security

The U.S. Department of Homeland Security (DHS) announced today that the prior restrictions imposed on Hungary’s Visa Waiver Program (VWP) status have been removed and its full status restored.

Previously, DHS had placed restrictions that limited Hungarian citizens’ ability to travel under the VWP and their ability to use the Electronic System for Travel Authorization (ESTA.)

In 2021, DHS begin denying new ESTA applications made by Hungarian applicants born outside of Hungary and also revoked already-issued ESTAs from all Hungarian passport holders outside of Hungary. In 2023, ESTAs issued to Hungarians were limited to a single entry and a validity period of only one year.

The restoration of VWP and ESTA access was approved by DHS after the Hungarian government completed steps to address security vulnerabilities requested by the U.S. government.

Starting on September 30, 2025, Hungarian citizens will now be able to apply for an ESTA with multiple entries and a two-year validity period. A complete list of VWP-eligible countries can be found here.

David Binsacca © Jewell Stewart Pratt Beckerson & Carr PC 2025

Business Travel After the Hyundai Factory Raid: Lessons for Employers and Business Travelers

Recent events at the Hyundai battery factory in Atlanta, Georgia, have raised significant concerns for employers and business travelers, following the arrests of hundreds of South Korean citizens. This situation echoes the earlier Infosys settlement over a decade ago, which highlighted potential pitfalls in the misuse of B-1 visas for skilled labor in the U.S.

While the specifics of the Hyundai case continue to unfold, it's generally believed that many of the foreign nationals involved were in the U.S. on business visas. Understanding the nuances of these visas is crucial for avoiding issues with business travel.

Understanding B-1 Visas and ESTA

The B-1 visa, or ESTA under the Visa Waiver Program (VWP), is intended for individuals visiting the U.S. for business purposes. Permissible activities under a B-1 visa include attending business meetings, negotiating contracts, and participating in conferences or seminars. Notably, these visas do not allow for gainful employment or work within the U.S., except under certain conditions.

The Hyundai Scenario: Visa Use Uncertainty

It’s unclear whether the Hyundai employees or contractors used the VWP, requiring minimal pre-vetting, or obtained B-1 visas through a consular application and vetting process. Furthermore, we do not know what these individuals declared to U.S. Customs & Border Protection upon application for admission to the U.S.

However, the U.S. Department of State’s Foreign Affairs Manual (FAM) outlines several provisions that might apply. For instance, 9 FAM 402.2-5(E)(1) pertains to after-sales services, such as installing, servicing, or repairing commercial or industrial equipment, or training U.S. workers for these tasks. It’s speculated that many of the Hyundai workers were in the U.S. under this provision, raising legitimate questions about their arrests, given these activities are typically legal.

Another relevant provision is the controversial yet valid B-1 in lieu of H (BILOH), detailed in 9 FAM 402.2-5(B), which we've discussed extensively in our 2013 post. Additionally, the standard FAM provision for business travel, 9 FAM 402.2-5(B), allows for consulting with business associates and engaging in commercial transactions.

Key Takeaways for Business Travelers

Regardless of the specifics, this incident underscores the importance of thorough preparation for business travel to the U.S. Consulting with an attorney about the legality of your proposed activities, trip duration, and travel frequency is crucial. By planning visits carefully and adhering to permissible activities, you can reduce the risk of complications with U.S. business travel. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

Romania Becomes the 43rd Member of the Visa Waiver Program

May 5, 2025: In mid-March, DHS announced that it was pausing the implementation of ESTA for Romanian citizens. On May 2, 2025, DHS rescinded Romania’s designation.

Original post:

On January 10, 2025, the Department of Homeland Security designated Romania as the 43rd member of the Visa Waiver Program (VWP). Starting on or around March 31, 2025, citizens and nationals of Romania will be able to apply through the Electronic System for Travel Authorization (ESTA) to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa.

Citizens of countries participating in the Visa Waiver Program (VWP) may travel to the U.S. as visitors for business or pleasure without first obtaining a visitor’s (B-1 or B-2) visa from a U.S. Consulate. In return, U.S. citizens may enter member countries under the same conditions.  

Eligible travelers must apply online for authorization to travel to the United States 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 (these authorizations are generally valid for two years).  VWP admittees may enter for periods of up to 90 days, provided that they are eligible for admission under applicable law.

There are now 43 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, Qatar, Romania, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

U.S. Customs and Border Protection anticipates the ESTA online application will be updated on or around March 31, 2025.  Once launched, eligible Romanian passport holders with ESTA clearance will be able to visit the United States without visas.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Citizens of Qatar Eligible for Visa Waiver Program from December 1

As of December 1, 2024, Qatar will be the 42nd member of the Visa Waiver Program (VWP). Citizens of member countries of the VWP 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.

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

There are now 42 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, Qatar, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

The Secretary of Homeland Security announced the designation of Qatar in the VWP on September 24, 2024. Eligible Qatari passport holders with ESTA clearance will be able to visit the United States without visas only from December 1, 2024.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

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