On June 19, 2017, the United States Customs and Border Patrol (CBP) updated their Frequently Asked Questions (FAQ) to include details on how social media information may be used to screen Visa Waiver Program travelers. The new FAQ entry discusses questions added in October 2016 to the Electronic System for Travel Authorization (ESTA) used to process Visa Waiver applications.
The new FAQ entry states that Visa Waiver applicants may voluntarily choose to answer questions regarding an applicant’s social media accounts. These questions will appear in the ESTA application process. If the applicant chooses to provide answers regarding their social media accounts, CBP officers will determine if this information supports or corroborates an applicant’s identity, background, travel details, or other items relevant to the Visa Waiver program. CBP will also use this information to identify possible deception, fraud, or other red flags.
This FAQ update contrasts with the approach previously announced by the Department of State, where consular officers can require visa applicants at U.S. consulates to provide information on their social media identifiers and usage.
The Visa Waiver Program is a travel program administered by the United States Department of Homeland Security that permits foreign nationals from certain countries to enter the U.S. without a visa, for limited business or tourist purposes and for stays up to 90 days. Visa Waiver travelers must apply in advance through the Electronic System for Travel Authorization (ESTA). This Visa Waiver FAQ update reflects changes instituted in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which mandated additional security measures for the Visa Waiver program.
Should you have questions on these changes to the Visa Waiver program, please contact your team at Jackson & Hertogs.
