Recent Changes and Requirements for Visa Waiver Program Travelers

The Electronic System for Travel Authorization (ESTA) is a pre-screening tool that most visa waiver program (VWP) travelers must obtain before boarding a flight or ship bound for the United States. While ESTA has been a fixture of VWP travel for years, recent policy changes and clarifications mean that foreign nationals should understand both what ESTA is and how the requirements are evolving.

Overview of ESTA

ESTA is the online clearance system that allows eligible VWP travelers to seek admission to the United States for up to 90 days for business or tourism purposes. The system collects basic biographic details and answers to security questions, enabling the U.S. Department of Homeland Security (DHS) to pre-screen travelers before they depart for the United States. The U.S. Customs and Border Protection (CBP) recommends that travelers apply for ESTA as soon as they begin planning their trip and no later than 72 hours before departure.

It is important to understand that ESTA approval permits a traveler to arrive at a U.S. port of entry and request admission, but it does not guarantee entry. The final decision on whether to admit a traveler into the United States rests with CBP officers at the airport, seaport, or land border crossing.

Recent Fee Increase

One change that travelers should be aware of involves the cost of ESTA applications. The CBP has confirmed that the ESTA fee increased from $21 to $40 for any application filed on or after 30.Sep.2025. This higher fee applies to each new application as well as renewal applications submitted through the ESTA system.

Updates to Information Collection

The CBP has initiated a formal process to update the information it collects through ESTA and the related Form I-94 arrival and departure record. In a 10.Dec.2025 Federal Register notice, the CBP explained that it is revising the information collection requirements for I-94 and ESTA. The agency has invited public comment on whether the additional data elements are necessary and useful for border security and immigration purposes.

ESTA for Land Border Travel

Historically, ESTA was clearly required for VWP travel by air or cruise ship. However, as of 01.Oct.2022, CBP guidance indicates that any VWP national entering the United States by land, sea, and air should have an approved ESTA before seeking admission. Some CBP materials still appear to focus primarily on air and cruise travel, which can create confusion for travelers.

Given these mixed signals, the conservative approach is straightforward. If a traveler is from a VWP country and is planning a short visit of 90 days or less, an ESTA should be obtained in advance regardless of whether arrival will be by air, sea, or land, unless specific, current CBP or embassy guidance clearly states otherwise in the individual’s particular situation.

I-94 Records and Exit Tracking

Most foreign nationals entering the United States are issued an electronic I-94 record that documents when they were admitted and how long they may remain. The CBP integrates this I-94 data into its Arrival and Departure Information System (ADIS), which combines information from passports, visas, ESTA approvals, and airline manifests to create a comprehensive travel history for each individual.

The 10.Dec.2025 Federal Register notice also describes a voluntary pilot program that allows some foreign nationals to use a CBP mobile application to “check out” of the United States when they depart. Through this app, travelers can submit passport biographic details, a live facial image, and location data. If the CBP successfully verifies the information, a confirmed departure is recorded in the system, which helps demonstrate that the traveler departed on time and maintained their lawful status. Participation in this pilot program is entirely optional, and failure to use the app is not, by itself, treated as a status violation.

Conclusion

ESTA remains a critical component of the VWP travel process, and recent changes mean that travelers should stay informed about current requirements. The fee increase, expanded information collection, clarifications about land border travel, and new voluntary exit-tracking options all underscore the importance of planning ahead and ensuring compliance with CBP procedures. Attorneys at the Murthy Law Firm regularly advise clients on ESTA requirements and other immigration matters related to travel “and are available to help ensure that VWP travelers have the proper authorizations before their journey to the United States.

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