The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 restricts travel to the United States under the Visa Waiver Program (VWP) for nationals who have been present in a State Sponsor of Terrorism (SST) or hold dual nationality with both a VWP country and an SST. As of January 12, 2021, Cuba has been designated as an SST, rendering individuals present in Cuba on or after this date ineligible for VWP travel. The U.S. Department of Homeland Security updated the ESTA application form and ESTA Mobile App on July 6, 2023, to reflect these changes. If an approved ESTA is later found to have been obtained by a traveler who has been in Cuba or holds dual nationality with Cuba and a VWP country, the ESTA will be revoked. Affected travelers can still apply for a nonimmigrant visa at a U.S. embassy or consulate. Limited exceptions apply to military personnel and government employees who were present in Cuba for official duties.
A Nationwide Immigration Practice
