The authority controlling entries into the United States (CBP – Customs and Border Protection) announced on July 11th, 2023 that any traveler havin visited Cuba after January 12th, 2021, or any Cuban citizen, cannot benefit from the visa waiver programm to visit the United States (ESTA). This announcement makes official a statement that was made in 2022. An update on the American ESTA, and on what it means concretely if you are concerned!
What is the American ESTA?
The ESTA (“Electronic System for Travel Authorization”) is a travel authorization issued by the United States to any citizen coming from a so-called eligible country ( please see the list below).
It is a document that is obtained online (Official ESTA Application Website, U.S. Customs and Border Protection (dhs.gov) fairly quickly, costs 21USD and is valid for 2 years (except for certain nationalities, including citizens of Brunei since July 6, 2023, who obtain a one-year only ESTA) from the date of issue and/or until the passport expires.
The ESTA is not a visa: it is a travel authorization. It allows citizens of eligible countries to benefit from the Visa Waiver Program, resulting from diplomatic agreements between the United States and those countries. This means concretely that if you are a citizen of one of these countries, you do not need to apply for a visa at the US Consulate before going there: you obtain your ESTA online and can arrive in the United States directly, as long as your ESTA and passport are still valid.
Important : the visa waiver only works for trips of less than 90 days, for tourism or business purposes (conferences, seminars, business meetings, customer meetings, ….). It is strictly forbidden to work under ESTA – if this is the purpose, a specific work permit must be obtained before your arrival in the United States. If you need assistance for that, please feel free to reach out ! oui@oui-immigration.com
Passport validity
The United States requires your passport to be valid for at least 6 months beyond the expected date of return (e.g. if you plan to leave on September 1st, your passport must be valid at least until February 2nd)…. unless your country is part of the “6 Months Club Members” – in this case, your passport simply needs to be valid!
You can check if your country is one of the lucky ones on this site: Six-Month Passport Validity Update (cbp.gov)
What if my citizenship is not eligible?
Not being able to apply for an ESTA does not mean that you cannot enter the United States: it means that you must obtain a B1 visa beforehand, from the appropriate US Consulate.
Remember to anticipate your request: current appointment times at U.S. Consulates vary between 2 to 6 months depending on the country!
Oui Immigration can assist you in these steps, do not hesitate to contact us (oui@oui-immigration.com).
Update on Cuba
After the final decision of July 11, 2023, the ESTA will not be usable for:
- Any traveler who visited Cuba after January 12, 2021
- Anyone with dual Cuban nationality
In addition, any ESTA that has already been issued to a person meeting these two criteria will be cancelled.
Concretely, if you have been to Cuba since January 12, 2021, you will no longer be able to benefit from the visa waiver for the United States. You will need to apply for a visa at the U.S. Consulate.
What for?
Cuba was listed as a “state sponsor of terrorism” on January 12, 2021. The reasons are listed on this page: U.S. Announces Designation of Cuba as a State Sponsor of Terrorism – U.S. Embassy in Cuba (usembassy.gov)
This also applies to other countries: North Korea, Syria, Iran, Sudan, Libya, Somalia, Yemen, Iraq
Anyone with the nationality or dual nationality of one of these countries cannot benefit from the visa waiver (therefore ESTA) and must apply for a visa.
Any doubt, need for clarification or wanting to use our expertise to obtain your US visa?
Send us an email! oui@oui-immigration.com
