ARTICLE
14 May 2025

DHS Announces The Rescission Of Romania's Designation Into The Visa Waiver Program

GT
Greenberg Traurig, LLP

Contributor

Greenberg Traurig, LLP has more than 2,850 attorneys across 49 locations in the United States, Europe, the Middle East, Latin America, and Asia. The firm’s broad geographic and practice range enables the delivery of innovative and strategic legal services across borders and industries. Recognized as a 2024 BTI “Leading Edge Law Firm” for anticipating and meeting client needs, Greenberg Traurig is consistently ranked among the top firms on the Am Law Global 100 and NLJ 500. Greenberg Traurig is also known for its philanthropic giving, culture, innovation, and pro bono work. Web: www.gtlaw.com.
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.
United States Immigration

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. In return, those countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes. The VWP utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States.

On May 2, 2025, the Department of Homeland Security (DHS), in consultation with the Department of State, rescinded Romania's VWP designation.

DHS had paused implementation of the VWP in order to conduct a review of Romania's designation on March 25, 2025. The review has concluded, and given the Trump administration's focus on increased border and immigration security, DHS decided that Romania's designation should be rescinded to protect the integrity of the VWP and to enhance border and immigration security.

However, Romania may be reconsidered for VWP designation in the future should they meet the statutory eligibility criteria. The eligibility requirements are defined in Section 217 of the Immigration and Nationality Act as amended by the Secure Travel and Counterterrorism Partnership Act of 2007 and the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Pursuant to the statute, a country may be designated into the VWP if the following requirements are met:

  1. Has an annual temporary visitor visa (i.e., B visa) refusal rate of less than 3%;
  2. Accepts the repatriation of its citizens, former citizens, and nationals ordered removed from the United States within three weeks of the final order of removal;
  3. Enters into an agreement to report lost and stolen passport information to the United States via INTERPOL or other means designated by the secretary of Homeland Security;
  4. Enters into an agreement with the United States to share terrorism and serious criminal information;
  5. Issues electronic, machine-readable passports with biometric identifiers;
  6. Undergoes a DHS-led evaluation of the effects of the country's VWP designation on the security, law enforcement, and immigration enforcement interests of the United States; and
  7. Undergoes, in conjunction with the DHS-led evaluation, an independent intelligence assessment produced by the DHS Office of Intelligence and Analysis (on behalf of the director of National Intelligence).

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More