Fee to Be Required for Use of Online Mandatory Electronic System for Travel Authorization (ESTA)

The U.S. Customs and Border Protection has announced an interim final rule that requires ESTA applicants to pay a congressionally mandated fee. The new $10 ESTA fee to be imposed on travelers from Visa Waiver countries goes into effect starting September 8, 2010. In addition to the $10 fee there is a $4 administrative fee, so the total ESTA fee is now $14. ESTA has been mandatory since January 12, 2009 for all nationals of countries that fall under the Visa Waiver Program. Please see the January 28, 2010 Immigration Law Advisory - Online Travel Authorization Now Mandatory for Visa Waiver Travelers to the United States, which detailed the implementation of the ESTA system and which countries had Visa Waiver status.

The $10 fee on all ESTA applications filed on or after September 8th will go towards funding the activities of the Corporation for Travel Promotion that is being created under the framework of the Travel Promotion Act.

ESTA is accessible online through the CBP website at https://esta.cbp.dhs.gov. Once an application has been approved, ESTA authorizations generally will be valid for up to two years or until the applicant’s passport expires, whichever comes first. ESTA is encouraging travelers to register prior to the September 8th start date if an individual may have travel plans in the future. By applying now, even without definite travel plans, the individual can avoid the $14 fee. ESTA does not require the individual to have immediate travel plans to register.

Note: Visa Waiver Program travelers should be aware that unauthorized third-parties have established Web sites that charge a fee to provide information about the Electronic System for Travel Authorization and to submit applications on behalf of the Visa Waiver Program traveler. These businesses and Web sites are not endorsed by, associated with, or affiliated in any way with the Department of Homeland Security or the United States Government.

For more information about U.S. travel requirements or for assistance with U.S. immigration matters, contact Lynda Zengerle at (202) 429-8170 or lzengerle@steptoe.com; Liz LaRocca at (202) 429-1351 or elarocca@steptoe.com.