CBP’s Proposed Changes to the Visa Waiver Program and ESTA for B-1 and B-2 Visitors

Quick Hits

• CBP recently proposed changes to its Visa Waiver Program and Electronic System for Travel Authorization and invited public comment through February 9, 2026.
• Proposed changes include moving to a mobile-only application (the ESTA mobile app) and requiring extensive new data, including social media information and family member details.
• Enhanced vetting and security changes include adding required applicant biometric uploads (i.e., a photograph of the applicant’s face or a “selfie,” and, potentially, fingerprint, DNA, and iris biometrics) and geolocation information.

The proposed changes aim to enhance security and streamline the application process by requiring additional details about an applicant. The public has until February 9, 2026, to submit comments in response to the proposed changes.

The proposed changes include the following:

• Introducing a new feature in the ESTA mobile app to allow travelers subject to I-94 requirements to voluntarily report their departures from the United States by submitting biographic data, facial images, and geolocation information. This optional functionality aims to close the information gap on traveler entries and exits, ensuring more accurate exit records through biometric confirmation. The app would use geolocation to verify that a traveler is outside the United States and “liveness detection” software to ensure the facial image is current. This data would help reconcile a traveler’s exit with the traveler’s last arrival, recording the information in the Arrival and Departure Information System (ADIS), which CBP maintains.
• Requiring each applicant to submit a photo of his or her face in addition to mandating the existing requirement of submitting the applicant’s passport biographic page. This proposed change aims to align the website application process with the mobile application process and ensure that the ESTA applicant is the same person as the one on the passport biographic page.
• Requiring applicants to provide a five-year history of their social media activity. This measure is intended to enhance the security and vetting process.
• Requiring applicants to complete additional “high value” data fields, including:
  • “Telephone numbers used in the last five years”;
  • “Email addresses used in the last ten years”;
  • “IP addresses and metadata from electronically submitted photos”;
  • Family member details (e.g., names, telephone numbers, dates of birth, places of birth, and residencies);
  • “Biometrics—face, fingerprint, DNA, and iris”;
  • “Business telephone numbers used in the last five years”; and
  • “Business email addresses used in the last ten years.”

According to the proposal, “CBP believes that moving to a mobile-only approach for ESTA submissions will both enhance security and improve efficiency.” By collecting more comprehensive data up front, CBP aims to expedite the application/approval process and minimize delays caused by insufficient or inaccurate information. The goal of these updates is to permit ESTA applications solely through the ESTA mobile app while maintaining the ESTA website as an informational resource.

Next Steps

The proposed changes, their final implementation, and timeline are subject to public feedback. CBP invites written comments and suggestions on the proposal through February 9, 2026, at CBP_PRA@cbp.dhs.gov. Comments must include the OMB Control Number 1651-0111 in the subject line and the agency name.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.

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