- within Immigration topic(s)
- within Media, Telecoms, IT and Entertainment topic(s)
On December 10, 2025, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register proposing several significant updates to the application process for foreign nationals of certain countries seeking admission to the United States as business visitors or tourists, including the addition of a social media review component and expanded requirements for providing personal information and family details. Currently, the Visa Waiver Program (VWP) permits citizens of designated countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. Travelers need to complete a simple ESTA Application online at https://esta.cbp.dhs.gov/esta/. The proposed revisions would make the VWP admission process more involved, requiring additional information and documentation and it will no longer be as straightforward or simple.
Key Changes and Initiatives
- Mandatory Social Media and High-Value Data Collection: In alignment with Executive Order 14161 issued in January 2025, CBP is planning to require ESTA applicants to add social media as a mandatory data element for an ESTA application and will require applicants to provide their social media information from the five years preceding their application. Additionally, the agency intends to collect more extensive biographic and biometric data "when feasible", such as phone numbers, email addresses, family information, IP addresses and biometric identifiers like face, fingerprints, DNA or iris scans.
- Voluntary Self-Reported Exit Pilot: A pilot program is being introduced allowing departing travelers to voluntarily submit departure information via the CBP mobile application. Travelers can provide biographic data, facial images and geolocation data to confirm their exit from the U.S. The agency will also run "liveness detection" software on the uploaded facial image to verify that the photo is of a live person, as opposed to a previously uploaded image. If a foreign national chooses to submit evidence of their departure, the departure would be recorded as a confirmed exit in the CBP Arrival and Departure System (ADIS).
- Photo Upload Requirements for ESTA: The proposed updates include requiring ESTA applicants to upload a facial photograph (selfie) during the application process, in addition to the photo of the passport biographical page—both on the website and through mobile applications. Applicants applying through third parties will also need to submit a photo of the traveler.
- Transition to Mobile-Only ESTA Application: CBP intends to decommission the existing ESTA website, moving entirely to a mobile application platform. The ESTA website will remain available as an informational resource for the VWP program and as a tool for applicants to check their application status, but new ESTA applications will need to be submitted through the mobile app.
- Updating VWP Countries: The notice reflects the removal of Romania from the VWP.
CBP is accepting public comments on these proposed ESTA and departure record revisions for 60 days following the publication of the notice in the December 10 Federal Register.
Conclusion
If finalized, these proposed revisions would require ESTA applicants to provide more detailed personal information, including social media accounts and facial photographs. This increased data collection could lead to higher scrutiny of applicants and potentially longer processing times for ESTA approval.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.