ESTA Updates on Travel to Cuba & Limitations for Those from Hungary and Brunei

US Customs and Border Protection (CBP) have released a few updates that affect those who can travel visa-free to the US as visitors for business or tourism under the Visa Waiver Program. CBP authorizes travel under the VWP via the Electronic System for Travel Authorization or (ESTA).

Travel to Cuba

As of January 12, 2021 the US Departmen of State designated Cuba as a State Sponsor of Terrorism (SST). From this date, anyone who travels to Cuba is no longer eligible to travel under the VWP. CBP updated its FAQs to indicate this but as of August 14, 2023, the ESTA form asks,

“Have you traveled to, or been present in Cuba, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011?”

The unfortunate drafting of this question could possibly lead many to answer “yes” to this question if they have travelled to Cuba well before January 12, 2021 and may result in a denial of ESTA authorization.

CBP’s FAQs provides further clarification:

How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States under the Visa Waiver Program?

The U.S. Department of State designated Cuba as a State Sponsor of Terrorism (SST) on January 12, 2021.

With limited exceptions, a traveler who is found to have visited Cuba on or after this date is not eligible for travel under the Visa Waiver Program (VWP) using an Electronic System for Travel Authorization (ESTA) and must apply for a visa to travel to the United States.

Additionally, a traveler who at the time of application for an ESTA holds dual nationality with both a VWP country and Cuba is not eligible for travel under the VWP using an ESTA and must apply for a visa to travel to the United States.

If an ESTA has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, the ESTA will be revoked.

Ineligibility for an ESTA is not a bar to travel to the United States. Individuals who are not eligible to travel under the VWP may apply for a visa at any U.S. embassy or consulate.

For additional information about travel eligibility under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, please visit: https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq

Reduction of ESTA Validity for Citizens of Brunei and Hungary

The ESTA FAQ web site provides further news that ESTAs issues to citizens of Brunei and Hungary  will be valid for only one (1) year. As of the date of this blog posting the ESTA FAQ web site included this information:

Why is DHS reducing the ESTA validity period for citizens and nationals of Brunei?

The U.S. Department of Homeland Security (DHS) is reducing the Electronic System for Travel Authorization (ESTA) validity period for travel by citizens and nationals of Brunei Darussalam (Brunei) due to the Government of Brunei’s inability to satisfy multiple Visa Waiver Program (VWP) requirements.

Effective July 6, 2023, DHS reduced the ESTA validity period for travel by citizens and nationals of Brunei under the VWP from two years from the date of issuance to one year. This reduction in ESTA validity will only affect new ESTA applications received after the effective date and is not retroactive. Bruneian citizens and nationals who received an approved ESTA prior to July 6, 2023 will not be affected.

Why is DHS reducing the ESTA validity period for citizens and nationals of Hungary?

The U.S. Department of Homeland Security (DHS) is reducing the Electronic System for Travel Authorization (ESTA) validity period for travel by citizens and nationals of Hungary due to the Government of Hungary’s inability to satisfy multiple Visa Waiver Program (VWP) requirements.

Effective August 1st, 2023, DHS reduced the ESTA validity period for travel by citizens and nationals of Hungary under the VWP from two years from the date of issuance to one year and also limited the validity of an ESTA for nationals of Hungary to a single use. This reduction in ESTA validity will only affect new ESTA applications received after the effective date and is not retroactive. Hungarian citizens and nationals who received an approved ESTA prior to August 1st, 2023 will not be affected.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.