ESTA Questionnaire for Visa Waiver Program Travelers Expanded

Business or pleasure travelers to the United States from a number of visa waiver program (VWP) are already familiar with the requirements of the Electronic System for Travel Authorization (ESTA) and specifically that the ESTA questionnaire must be completed, paid for and approved before visa waiver program travel to the U.S.      On November 3, 2014, the U.S. Customs and Border Protection (CBP) agency announced that it is expanding the ESTA questionnaire to require additional information from each VWP traveler’s other names/aliases, parents’ names, national ID numbers, contact and employment information and city of birth.

About the Electronic System for Travel Authorization

ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the Visa Waiver Program (WVP). ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP countries traveling to the U.S under the VWP. The requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa.

ESTA applications may be submitted at any time prior to travel, and once approved, generally will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations are valid for multiple entries into the U.S. The Department of Homeland Security recommends that ESTA applications be submitted as soon as an applicant begins making travel plans.

VWP travelers are required to log onto the ESTA Web site and complete an online application.

What New Additional Information Does ESTA Require?

The additional information required as of November 3, 2014 for each ESTA submission is:

  • Other Names or Aliases
  • Other Country of Citizenship.  If yes, passport number on additional citizenship passport
  • City of Birth
  • Home Address
  • Parents’ Names
  • Email Address
  • Telephone Number
  • National Identification Number
  • Current Job Title
  • Current or Previous Employer Name, Address, Telephone Number
  • Emergency Point of Contact Name, Telephone Number, Email Address
  • US Point of Contact Name, Address, Telephone Number

CBP’s Justification for Requiring Additional Information

CBP cites increased security concerns and CBP’s goal to be able to do better background checking to all VWP travelers to the US by requiring the new information.  According to CBP, the new information would allow the government to better track and identify VWP country travelers to the US who may pose threat to US national security.

When a person submits an ESTA application, CBP examines the application by screening the applicant’s data through ATS (to screen for terrorists or threats to aviation and border security) and TECS (for matches to persons identified to be of law enforcement interest). The additional data elements will help resolve potentially inconclusive matches by providing additional data to confirm an applicant’s identity. Inconclusive matches ultimately result in a denial of the ESTA application, which results in an applicant being directed to a U.S. embassy or consulate to apply for a visa.

ESTA Process Should Generally Remain Unchanged

Other than the additional information required by each VWP traveler submitting ESTA application, the process should remain unchanged and it should not, according to CBP, add additional processing times.     Cases which are flagged by ESTA for additional review will indicate to the VWP traveler that he or she must apply for a visa at a US Consulate abroad.   As a result, early planning and ESTA submission, especially with the new additional fields, is recommended.

Conclusion

We are hopeful that the rollout of the additional ESTA required information would not create unintended consequences such as ESTA processing delays.   There have not been major issues reported over the first couple of days since the rollout of this enhanced form but we encourage our readers and clients to reach out to us if they experience ESTA issues or if we can be of any assistance.

We will continue to monitor developments on this topic and provide updates.    Please do not hesitate to contact us if we can be of any assistance or answer any questions.  We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.

By | Last Updated: May 20th, 2017| Categories: Articles, ESTA, News, Travel, Visa Waiver|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.