VWP Updates Affecting Cuba, Hungary & Israel
New guidance on the US Visa Waiver Program (VWP) has been issued by the Department of Homeland Security (DHS) in respect of Hungary, Cuba and Israel.
The Visa Waiver Program allows citizens of certain countries to enter the US for up to 90 days for business or tourism without a visa. Foreign nationals must apply for authorization to use the VWP through the Electronic System for Travel Authorization (ESTA).
Hungary
Due to security concerns of the State Department in relation to the misuse of Hungarian passports, Hungarian passport holders will only be permitted to enter the United States on a single ESTA visa waiver screening per year. This is a stricter requirement than that of nationals of other visa-exempt nations, who may enter the United States multiple times during the two-year ESTA authorization period.
Israel
Israel continues to make steps towards qualifying for the Visa Waiver Program. Israel’s visa refusal rate has fallen below 3%, which is a key requirement to qualify for the VWP.
In addition, in respect of restrictions of the entry of Palestinian-American travellers, the Israeli Government announced changes to its short-term entry-and-transit-through-Israel policy on July 20, 2023. The new policy permits US citizens “without regard to national origin, dual nationality, ethnicity, or religion, including Palestinian Americans on the Palestinian population registry, to travel to and from Israel via all ports of entry, including Ben Gurion Airport.”
Where these requirements are shown to be consistently met, Israel is expected to be invited to join the VWP.
Cuba
Cuban passport holders are not eligible to travel to the US visa-free under the Visa Waiver Program.
Following Cuba’s designation as a state sponsor of terrorism in January 2021, anyone who has been present in Cuba on or after January 12, 2021 – including both Cuban nationals and non-Cubans – are ineligible for visa-waiver travel.
The ESTA application form questions were updated in 2023 to capture details of applicants’ previous travel to Cuba. As a result, travelers with existing ESTA approval may have their authorization revoked based on their travel history.
In addition, those with dual nationality with Cuba are also affected by the restricted visa waiver eligibility.
Travelers who are no longer eligible for ESTA due to previous travel to Cuba or due to dual Cuban nationality, should instead apply for the B visitor visa to request permission to travel to the US.
If you have any questions or require specialist advice on the US visa waiver program and ESTA eligibility, contact our US immigration attorneys.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
