Visa Waiver Program Improvement and Terrorist Travel Prevention Act Frequently Asked Questions

All prospective VWP travelers must obtain pre-travel authorization via U.S. Customs and Border Protection’s (CBP) ESTA system prior to boarding a plane or ship bound for the United States. 

ESTA applications are available on CBP’s website: https://esta.cbp.dhs.gov/esta/.  ESTA is used to determine eligibility to travel without a visa to the United States under the VWP.  Travelers who do not receive an approved ESTA must apply for a visa at the nearest U.S. Embassy or Consulate prior to travel to the United States.  Although an approved ESTA is generally valid for a period of two years, travelers should check their ESTA status on CBP’s website prior to travel.

Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:

• Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists (currently including Iran and Sudan) at any time on or after March 1, 2011 (with limited government/military exceptions).
• Nationals of VWP countries who have been present in Iraq, Syria, Iran, Sudan, at any time on or after March 1, 2011 (with limited government/military exceptions).

These restrictions do not apply to VWP travelers whose presence in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country. We recommend those who have traveled to the seven countries listed above for military/official purposes bring with them appropriate documentation when traveling through a U.S. port of entry.

The vast majority of VWP-eligible travelers will not be affected by the new Act. New countries may be added to this list at the discretion of the Secretary of Homeland Security.

The additional/modified questions were:

• Have you traveled to, or been present in, Iraq, Syria, Iran, or Sudan on or after March 1, 2011?

• Have you ever been issued a passport (or national identity card for travel) by any other country?

• Are you now a citizen or national of any other country?

• Have you ever been a citizen or national of any other country?

Based on responses to the above questions, ESTA applicants may be directed to answer additional questions concerning travel to Iraq, Syria, Iran, and Sudan and potential dual nationality.

Yes, all ESTA applicants must complete the entire ESTA application.

Yes, under the new Act, the Secretary of Homeland Security may waive these new travel-related VWP restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States.  Such waivers will be granted only on a case-by-case basis.  As a general matter, categories of travelers who may be eligible for a waiver include:

• Individuals who have traveled to Iraq, Syria, Iran, Sudan, on behalf of international organizations, regional organizations, or sub-national governments on official duty;
• Individuals who have traveled to Iraq, Syria, Iran, Sudan, on behalf of a humanitarian non-governmental organizations (NGO);
• Individuals who have traveled to Iraq, Syria, Iran, Sudan, as a for reporting purposes;
• Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015);
• Individuals who have traveled to Iraq for legitimate business-related purposes; and
• Individuals who have traveled to Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen who maintain current Global Entry program membership.

All changes to the ESTA process will be announced on CBP’s website, www.cbp.gov.  Please keep up to date via the website for all ESTA changes.  Travelers whose ESTA status has changed as a result of these new eligibility requirements will be notified via the email addressed provided in the applicant’s ESTA application.  We strongly encourage all travelers to verify their ESTA status and update appropriate contact information prior to traveling to the United States.

Additionally, all changes to the ESTA form go through notice (in the Federal Register) and public comment under the Paperwork Reduction Act and are available on reginfo.gov under OMB Control Number 1651-0111. The public is invited to provide CBP with feedback during the public comment periods that accompany each change to the form.

We will make nationality determinations in accordance with U.S. legal standards and practices, not merely by reference to the laws and practices of foreign governments.  If an individual believes that he or she is eligible for an ESTA travel authorization, the individual should apply for an ESTA, answer all questions truthfully and accurately, and that individual’s eligibility for an ESTA authorization will be determined in accordance with U.S. law. If you have any questions, please contact CBP at 1-202-344-3710.

An international (multilateral or intergovernmental) organization is an organization formed pursuant to a multilateral act, such as a treaty, the membership of which is composed primarily of sovereign or member states or other intergovernmental organizations.  An international organization can be global or regional in nature.  Examples of such organizations in this context include the United Nations, the North Atlantic Treaty Organization, the International Atomic Energy Agency, the International Monetary Fund, and the European Union. 

During the admissions process, CBP will review any documents presented at a port of entry that demonstrate a VWP traveler meets the official government or military exceptions under the new Act.  Travelers are recommended to bring certain documentation with them when they travel to the United States, including but not limited to, travel orders, official or diplomatic visas, or an official letter from a VWP country government entity, if available.  Travelers may also be asked questions about their travel during the admissions process.

No.  DHS does not have the legal authority to waive the ESTA fee.  The fee is a processing fee per application.  Travelers who apply for visas will be required to pay the associated visa processing fee.

The information collected by and maintained in ESTA may be used by other components of DHS on a strictly need-to-know basis consistent with the component's mission.

Under current agreements between DHS and DOS, information submitted during an ESTA application may be shared with consular officers of DOS to assist them in determining whether a visa should be issued to an applicant after an ESTA travel authorization application has been denied.

Information may be shared with appropriate federal, state, local, tribal, and foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order or license, or where DHS believes information would assist enforcement of civil or criminal laws.

Additionally, information may be shared when DHS reasonably believes such use will assist in anti-terrorism efforts or intelligence gathering related to national or international security or transnational crime.  All sharing, including the sharing mentioned above, will remain consistent with the Privacy Act’s SORN, which was published in the Federal Register on February 23, 2016 and is available on the DHS web site, www.dhs.gov.

Although carriers will not receive the ESTA application information that travelers provide to DHS, they will receive confirmation of a passenger's ESTA status via the Advance Passenger Information System indicating whether an ESTA is required and whether authorization has been granted.

DHS will handle the new information in the same manner as other information collected through ESTA and will document these procedures in the SORN and PIA.  Information submitted by applicants through the ESTA website will continue to be subject to the same strict privacy provisions, use limitations, and access controls that are currently in place for ESTA, and consistent with similar traveler screening programs.

No.  The new VWP eligibility requirements do not bar legitimate travel to the United States.  If a traveler is not granted an ESTA, the traveler will need to obtain a U.S. visa from a U.S. Embassy or Consulate. 

DHS is committed to facilitating legitimate trade and travel while maintaining the highest standards of security and border protection.  Requirements for travel to the United States have increased, especially since September 11, 2001, to enhance security at U.S. borders; however, the flow of goods and visitors into the United States continues to grow each year.

No.  Countries that participate in the VWP are required to have a high degree of security cooperation with the United States; sign and implement information sharing agreements regarding known, suspected or potential terrorists and serious criminals; report lost and stolen passport data to the United States or other means approved by the United States; and issue International Civil Aviation Organization-compliant electronic passports.  VWP countries are also subject to biennial eligibility reviews, which provide DHS with the opportunity to conduct broad and consequential inspections of foreign security standards and operations, and verify the level of law enforcement and counterterrorism cooperation with the United States.  The Director of National Intelligence is required to complete an intelligence assessment to support each eligibility review conducted by DHS.

VWP travelers must obtain approval through the ESTA process prior to commencing VWP travel to the United States.  ESTA continuously vets applicants’ biographic information against the Terrorist Screening Database; lost and stolen passport records (including INTERPOL’s Stolen and Lost Travel Documents database); visa revocations; previous VWP refusals; expedited removals; and Public Health records, e.g., records from the Centers for Disease Control and Prevention for persons who have a communicable disease constituting a public health threat.

Yes, effective April 1, 2016, all VWP country nationals must possess an electronic passport to travel to the United States under the VWP.  If not in possession of an electronic passport, a valid nonimmigrant visa is required to travel to the United States.