CBP’s Proposed Changes to I-94 and ESTA
At a Glance
On December 10, 2025, the US Customs and Border Protection (CBP) published notice of a proposed rule that seeks to revise the I-94 and the application process for the Electronic System for Travel Authorization (ESTA). The ESTA program allows citizens from 42 Visa Waiver Program (VWP) countries to travel to the U.S. for tourism or business for up to 90 days without having to apply for B-1/B-2 visas at a U.S. consular post (embassy) .
Per the proposed rule, the CBP intends to implement a new voluntary "self-reported exit" feature within the CBP Home mobile application to allow individuals who are subject to I-94 requirements and who are departing the United States, to voluntarily provide evidence, such as travel documents and facial images, of that departure to create more accurate exit records. The CBP will use geolocation services to confirm that the traveler reporting their departure is outside the United States, as well as, run “liveness detection” software to determine that the facial image is a live photo.
In addition, the proposal intends to make the following changes to the ESTA program and the application process:
Mandatory Social Media Review - applicants must provide their social media handles (username) from the last 5 years
New ESTA application will require biometrics, biographic information on family members, IP addresses, email addresses for the last 10 years, telephone numbers for last 5 years, and business email addresses and telephone numbers for last 10 years
Applicants must upload a photo or “selfie” to the ESTA application in addition to the passport biographic page
CBP will decommission the ESTA website application to establish the ESTA mobile app as the only platform to apply for ESTA
Romania will be removed from ETSA program
What this Means for Clients
There are no immediate changes to the ESTA program at this time, as this is not a final rule. Applicants should continue to follow the current ESTA application process. The CBP’s proposed rule is open for comment for 60 days, or until February 8, 2026. We will monitor the progress of the CBP’s proposed changes and will provide updates accordingly.