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The U.S. Department of Homeland Security (DHS) announced that starting Oct. 19, 2023, Israeli passport holders are eligible to apply for the Electronic System for Travel Authorization (ESTA), which, once granted, will allow them to travel to the United States for business or tourism without having to first apply for and obtain a visa.

As reported in a September 2023 GT blog post, the original effective date for Israelis’ eligibility for ESTA was Nov. 30, 2023, but it appears that, given the closure of the U.S. embassy and consulate in Israel amid the ongoing conflict in Gaza, DHS has decided to move the date up to allow Israelis to apply for the ability to travel to the United States.

As a reminder, visits to the Unites States via the visa waiver program are limited to 90 days per visit. Applicants should visit the ESTA website to apply.

The Department of Homeland Security and the State Department announced that Israel has been admitted to the Visa Waiver Program. Starting Nov. 30, 2023, Israeli passport holders are eligible to apply for the Electronic System for Travel Authorization (ESTA), which, once granted, will allow them to travel to the United States for business or tourism without having to first apply for and obtain a visa.

This is great news for Israeli citizens (who do not already have U.S. visitor visas) who wish to travel to the United States for business, vacation, or to visit family because it gives them the flexibility to make short trips to the United States without having to wait for a visa appointment. This is also welcome news for U.S. businesses who wish to invite their Israeli clients and customers for important in-person visits and meetings.

As a reminder, visits to the Unites States via the visa waiver program are limited to 90 days per visit. Applicants should visit the ESTA website to apply.

Israel is making strides towards joining the U.S. Visa Waiver Program (VWP) which allows citizens of participating countries to travel to the United States for business or tourism for 90 days without needing to apply for a visa at a U.S. consulate or embassy. The VWP is designed to promote travel and trade between the United States and participating countries. Click here for a complete list of countries that participate in the VWP. The most recent addition to the list was Croatia in 2021. If Israel were to join, it would be the 41st country to qualify for the program.

In January 2023, Israel met the Nonimmigrant Visa (NIV) refusal rate requirement for the VWP, meaning that less than 3% of nonimmigrant visa applications by Israeli citizens to visit the United States were denied. To qualify for the program within FY 2023, Israel must take the necessary steps by September 2023. Specifically, Israel must:

  • Enact legislation to meet the VWP’s security requirements, specifically related to the sharing of information with the United States. The Knesset is already taking action.
  • Establish a program aimed at screening travelers, with the purpose of identifying high-risk individuals before they board flights to the United States.
  • Implement enhanced airport security measures that meet the standards set by the United States.
  • Report specific data to the United States on a regular basis in order to maintain their eligibility for the VWP.

If Israel joins the VWP, travel between the two countries will be easier and more convenient, which may lead to increased tourism and business travel that could benefit both economies. The program promotes cultural exchange and may help to strengthen diplomatic ties between the United States and Israel, as well as helping to improve overall security. 

Ultimately, it is not yet clear whether Israel will meet all of the necessary requirements to join the VWP FY 2023. For more information, please see the U.S. Embassy in Israel’s press release at Israel Meets NIV Refusal Rate Requirement for Visa Waiver Program – U.S. Embassy in Israel (usembassy.gov).

As reported previously, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Today, Acting Secretary of Homeland Security Kevin McAleenan formally announced the designation of Poland into the Visa Waiver Program (VWP) . On Nov. 11, 2019, Polish citizens and nationals will have the ability to apply for travel to the United States for up to 90 days for tourism or business purposes without having to obtain a U.S. visa.

The DHS announcement states, “This designation demonstrates the strong partnership and cooperation between the United States and Poland, its trusted partner. The Visa Waiver Program will expand cultural ties and strengthen the economy of both nations by encouraging tourism and business exchanges. Poland will be the 39th member of the program. More information on the Visa Waiver Program can be found here.”

To learn more about the VWP, please visit https://www.dhs.gov/visa-waiver-program-requirements. Please contact your GT attorney with any specific questions.

Today, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Entry into the U.S. Visa Waiver Program allows citizens of participating countries to travel to the United States for tourism, business, or in transit for up to 90 days without having to obtain a visa.

President Trump stated: “…This is an important step in continuing to increase economic, security, cultural, and people-to-people connections between our two nations. Now that Poland has been nominated, the Department of Homeland Security will take necessary action, as soon as possible, to assess Poland’s entry into the program. If Poland is designated as a Visa Waiver Program country, its nationals would be authorized for visa-free travel to the United States for business and tourism. The bilateral relationship between the United States and Poland has never been stronger, and this would serve as a remarkable accomplishment for both countries.” Continue Reading Trump Administration Nominates Poland for U.S. Visa Waiver Program

26918_NY_gtMKG_EU Shutterstock Image for Alert - brightened cropped and re sized 778x360Since the enactment of the Consolidated Appropriations Act of 2016, which contained significant changes to the United States’ Visa Waiver Program (VWP) with the inclusion of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, there has been considerable concern—and uncertainty—about the impact the new law will have on individuals who have long-relied on visa-free travel between European Union countries and the United States.  The implications are of particular interest to international companies who have relied on the VWP to bring employees to the United States for short-term visits.  We have written previously about the new VWP laws and related considerations for employers.  In addition to concerns about the impact on VWP Member Country citizens, however, U.S citizens reliant on the visa free access to VWP countries must also consider, and monitor closely, the potential for the EU to impose commensurate visa requirements on the United States.  This post discusses recent developments within the European Union in regards to the VWP.

On April 12, 2016, the European Commission published a “Communication from the Commission to the European Parliament and the Council.”  A FAQ document answering questions about the implications of the Commission’s communication can be found here.  The communication was transmitted pursuant to Council regulation No. 539/2001, which governs Member States’ participation in the visa-free travel regime, outlines obligations and responsibilities, as well as procedures for addressing reciprocity issues with third countries.

While instances of third country nonreciprocity with certain EU Member States (including the United States’ denial to Bulgaria, Croatia, Cyprus, Poland, and Romania of VWP reciprocity) are at the core of the Commission’s communication, the communication also addresses recent changes to the United States’ VWP laws in the context of restrictions upon visa-free travel among program countries.  In December 2015, the EU Ambassador to the United States, David O’Sullivan, along with the ambassadors of the 28 EU countries, wrote an open letter cautioning the United States against enacting VWP restrictions, and raising the possibility that the EU Member States may be compelled to enact “legally mandated reciprocal measures.”

In its April 12 communication, the European Commission states that “[v]isa waiver reciprocity is a principle of the EU’s common visa policy and an objective which the Union should pursue in a proactive manner in its relations with third countries, thus contributing to improving the credibility and consistency of the Union’s external relations.”  Pursuant to regulation 539/2001, the consequence for a third country that “applies a visa requirement” is for the Commission, after certain actions are taken by the affected Member State, to adopt a suspension of the third country’s visa exemption.

The first step in the process for an affected EU Member State is for the Member State to notify the commission and publish the notification in the Commission’s Official Journal. The Council regulation gives the Commission the authority to adopt an implementing act that suspends for six months the visa exemption for the third country, or, which is currently the case, publish a report assessing the situation and explaining the reasons for not suspending visa waiver reciprocity.  The regulations provide a framework for additional suspension periods, but in light of the fact that the Council or the European Parliament may object to the Commission’s proposed actions, authority ultimately rests with those bodies.  To date, the Commission has not taken action to suspend nonreciprocating third countries but is instead pursuing the alternative course of periodic reporting and consultation, as provided by the regulation.

The Commission also discusses the enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.  The Commission makes clear that the new law has a “potential impact” on “all Member States,” but noted that none of the Member States officially notified the Commission in accordance with Article 1(4)(a) of the Council regulations, therefore did not trigger remedial measures under the regulations.  The Commission outlines the significant practical, economic, and diplomatic impacts that suspension of EU visa waiver reciprocity would have.  Ultimately, the Commission’s communication determines that continued engagement with the United States and other nonreciprocating third countries on issues of nonreciprocity and other visa requirements is the preferred course.

So what is the likelihood that the EU will act to suspend or otherwise restrict the visa exemption for the United States based upon new U.S. VWP laws?  The Commission states:

In parallel to discussing full visa reciprocity, the Commission will continue to monitor the implementation of the changes in the Visa Waiver Program which introduce additional travel restrictions for nationals of Visa Waiver Program countries and engage with the US to ensure that these changes are implemented in a manner which limits negative consequences for bona fide EU travelers. In this context, the Commission will invite the US to consider the legislative initiatives brought forward (e.g. the “Equal Protection in Travel Act of 2016”) in order to mitigate restrictions imposed on dual nationals.

The Commission highlights the Equal Protection in Travel Act of 2016 (S.2449 and H.R.4380), introduced in the Senate and House respectively by Senator Jeff Flake (R-AZ) and Representative Justin Amash (R-MI).  The Equal Protection in Travel Act would repeal the portion of the new VWP law that barred VWP participation based upon status as a “dual national” from the list of enumerated countries.  The citation and encouragement to Congress to consider pending legislation that would mitigate in part the restrictions enacted in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act suggest the Commission will continue to take a measured approach to working with the United States to achieve satisfactory refinements to the new U.S. VWP laws as well as full VWP reciprocity among EU Member States.  The Commission notes at the end of its report, however, that it “urges” the United States to “demonstrate [its] commitment by introducing tangible measures to achieve full visa reciprocity for all 28 Member States of the European Union.”  The Commission’s goal to bring about change in current U.S. VWP policy likely faces challenges in the short term.  Given current domestic and international events, continued attention in the U.S. Congress on security aspects of immigration policy, and national electoral politics, swift policy changes to the U.S. VWP may prove elusive.

With respect to next steps in view of the Council regulations, in its communication the Commission recommends the European Parliament and the Council to “urgently launch discussions and to take a position on the most appropriate way forward.”  The Commission has asked the European Parliament and the Council to advise the Commission by July 12, 2016 of its decisions on the issues raised in its communication.  With respect to the changes enacted in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, it appears unlikely the EU will take concrete actions to impose similar visa requirements on the United States.  But in light of the EU ambassadors’ letter of December 2015, continued attention to the new U.S. VWP laws, and pending action on July 12, 2016, from the Council and European Parliament, VWP-reliant companies and individuals must pay careful attention to developments within the EU’s governing bodies.

We will continue to monitor developments on this issue.  To receive updates please subscribe to this blog.

passport, map, sim cardsOn May 9, 2016, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) released a statement clarifying that as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, those individuals utilizing the Visa Waiver Program (VWP) with an Electronic System for Travel Authorization (ESTA) to travel to the United States must have an e-Passport as of April 1, 2016.  This was initially announced in August 2015 to give foreign travelers notice to obtain a new passport, if necessary.  If a traveler does not have an e-Passport but is otherwise eligible to travel under the VWP, he or she will need to apply for a valid nonimmigrant visa obtained from a U.S. Embassy or Consulate abroad before traveling to the U.S.

The e-Passport is an enhanced secure passport that has an embedded electronic chip.  It conforms to international standards for securing and storing information for both the passport and the passport holder.

This post updates our post from Jan. 22, 2016, concerning guidance released by the U.S. Department of State about implementation of the Visa Waiver Program (VWP) Improvement and Terrorist Travel Prevention Act. We have updated the post to provide a summary and link to additional information published by U.S. Customs and Border Protection (CBP) concerning the implementation and operation of the new VWP law.  The CBP document can be accessed here.

In its FAQs, CBP reiterates the two new barriers to VWP participation based on travel and dual nationality.  CBP reports that ESTA travelers who are “known” to be included in the dual national category will be notified in late January that their ESTA is no longer valid.  CBP also reports that it is working on notification to ESTA travelers who have traveled to Iran, Iraq, Syria, or Sudan.

Continue Reading U.S. Customs and Border Protection Provides Additional Guidance on Implementation of New Visa Waiver Program Law

On Jan. 21, 2016, the Department of State (“Department”) announced that it had begun the implementation of changes to the Visa Waiver Program (VWP), which were enacted as part of the Consolidated Appropriations Act, 2016.  The Department reiterated that nationals of the 38 VWP countries who had traveled to Iran, Syria, Iraq, or Sudan after March 1, 2011, would no longer be eligible to use the VWP.  We refer to these as travel restrictions.  Furthermore, as provided by the new law, nationals of VWP countries who are also nationals of Iran, Syria, Iraq, or Sudan would also not be eligible to participate in the VWP.  These are nationality restrictions.  It is important to note that Canadian citizens, who are not required to obtain a visa for purposes of U.S. travel (and are not VWP participants), are not affected by the new laws.

In its announcement, the Department provided further clarification in regard to the new law’s implementation.  As of Jan. 21, 2016, any individual who currently holds a valid Electronic System for Travel Authorization (ESTA) and who had indicated on the ESTA application that they held dual nationality with Iran, Syria, Iraq, or Sudan, will have their ESTAs revoked.  We note that under the terms of the new VWP law, additional countries may be added to the current list.

Continue Reading U.S. Department of State Announces Implementation of New Visa Waiver Program Law

The recent tragic events in Paris, France have moved Congress and the Administration to seriously consider changes to the Visa Waiver Program (VWP). The VWP permits citizens of 38 countries to apply for entry to the United States as a visitor, without first obtaining a visa. On Dec. 8, 2015, the House of Representatives passed H.R.158, the Visa Waiver Program Improvement and Terrorist Prevention Act on a vote of 407-19. Similar legislation, S.2337, the Visa Waiver Program Security Enhancement Act, has been introduced in the Senate. Additionally, on Nov. 30, the Administration announced a series of new changes to the VWP, outlined here.

The House bill, H.R.158, amends Section 217 of the Immigration and Nationality Act to make “terrorism risk” an explicit factor that the Department of Homeland Security (DHS) must consider under the electronic system for travel authorization (ESTA). Additionally, H.R.158 requires reporting to Congress by DHS on information related to individuals denied travel to the United States under ESTA, or whose eligibility had been revoked during the prior year. The bill also requires DHS to report on foreign government information sharing and travel patterns for its nationals.

The Senate bill, S.2337, would require individuals from VWP participant countries who had traveled to Syria or Iraq in the past five years to obtain a traditional tourist or business visa, which would require an in-person interview, and submission of biometric information. Should such a requirement be enacted, this will be a potentially significant consideration for businesses operating internationally in reliance on the VWP. The bill would require VWP travelers to submit biometric information such as fingerprints and a photograph prior to traveling under the program. Finally, the legislation would require enhanced intelligence sharing between VWP countries and the United States.

The changes to the VWP that are being considered have broad international implications. On Dec. 3, in the midst of significant attention from lawmakers and swift action by the Administration, the European Union’s ambassador to the United States sounded a note of caution about moving too fast and too far with changes to the program. Congress is faced with the challenge of balancing critical national security interests and the benefits of travel, tourism, and international commerce facilitated by the VWP that is of interest to many countries around the globe.

Nevertheless, it is conceivable that changes to the VWP could come to pass during the busy final days of the 114th Congress’ first session. The House has overwhelmingly passed H.R.158, and the Administration acted quickly following the events in Paris to strengthen the program. Congress must pass an omnibus appropriations bill before it adjourns for the year, and current reports suggest that VWP changes are under discussion for inclusion in the end of year spending bill currently being negotiated. Businesses that rely on the Visa Waiver Program should monitor closely activities in Congress leading up to the final resolution of the end of year spending legislation. GT will closely follow these legislative and administrative initiatives to restrict use of the VWP and will provide updates.