Friday 29 September 2023

Update
On 27 September 2023, the US announced the designation of Israel into the Visa Waiver Program, making Israel the 41^st country to join. On 30 November 2023, eligible citizens and nationals of Israel will be able to use ESTA to gain authorization for US admission. Israeli citizens with valid B-1/B-2 visas for business and tourism will be able to continue using their visas.

This concludes an observation period determining whether Israel fully meets the strict requirements of the program. As is the process with all program countries, the US will continue to monitor Israel’s continued implementation of all program requirements, including the updates Israel made to its entry policies to admit all US citizens, which is of particular concern regarding the treatment of Palestinian-Americans.

Overview
The Visa Waiver Program, administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens and nationals from 40 countries to visit the US without a visa for business and tourism purposes for temporary periods of stay lasting up to 90 days. In the program, eligible nationals and citizens of these countries obtain authorization for US admission through the Electronic System for Travel Authorization (ESTA), which is a fully automated, electronic system that screens passengers before they travel. Generally, ESTA authorizations are valid for two years at a time and allow multiple trips. As a part of the reciprocity agreements the US has with members (“program countries”), admitted countries must extend visa-free admission to all US citizens for business and tourism purposes for comparable periods of stay.

As background, the Visa Waiver Program (VWP) was established in 1986 as a comprehensive security partnership between the US and its closest allies. The program has grown to include more partnering countries to enhance the security of the US, while fostering greater travel and commerce. The program utilizes a risk-based approach to detect and prevent national security threats and incorporates regular risk assessments concerning the impact of each country’s participation on the US. Per the DHS press release, program countries are required to meet several strict requirements related to counterterrorism, immigration enforcement, law enforcement, document security, and border management. These requirements include having a nonimmigrant visa refusal rate of less than three percent in the prior fiscal year for initial designation, and ensuring that their corresponding programs extend visa-free privileges to all US citizens without regard to national origin, religion, or ethnicity.

ESTA applications may be submitted at esta.cbp.dhs.gov and applicants will receive a response within 72 hours. For further information about the VWP program contact your Laura Devine Immigration attorney or enquiries@lauradevine.com.