United States: DHS Pauses Implementation of Romania in the Visa Waiver Program
March 26, 2025
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At a glance
- The U.S. government has paused the inclusion of Romania in the Visa Waiver Program (VWP), which had been set to occur on or around March 31, 2025.
- The Department of Homeland Security says that the U.S. government is reviewing the designation of Romania to ensure adherence to the VWP’s security requirements.
- The pause will remain in effect until the government completes this new review, with no estimated timeframe.
- Romanian citizens seeking to travel to the United States as a business visitor or tourist should continue to apply for a B-1/B-2 visa at a U.S. embassy or consulate.
The issue
The U.S. government is pausing implementation of Romania’s designation as a Visa Waiver Program (VWP) country; the designation had been slated to take effect on or around March 31, 2025. Announcement of the pause is posted on the U.S. Department of Homeland Security website, stating that the pause will remain in effect indefinitely until the U.S. government completes a new review of Romania’s adherence to VWP security requirements. In the meantime, Romanian nationals seeking to enter the United States as a business visitor or tourist should continue to apply for B-1/B-2 visas at a U.S. embassy or consulate.
Background
On January 10, 2025, the Biden-era Departments of Homeland Security and State announced that starting on or around March 31, 2025, nationals of Romania would be eligible to apply for visa-free business or tourist visitor travel to the United States under the B-1/B-2 Visa Waiver Program (VWP). Romania was to be added to the list of 42 countries already in the VWP, and Romanian nationals were to be added to the list of foreign nationals able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (ESTA).
Visa Waiver Program generally
The Visa Waiver Program permits citizens of participating countries to travel to the United States for business or tourism for up to 90 days without first obtaining a B visa. For B-1 business visitors, activities in the United States must conform to certain allowable B-1 business activities.
To travel under the VWP, applicants must apply through the U.S. Customs and Border Protection (CBP) online application, Electronic System for Travel Authorization (ESTA) up to 72 hours in advance of travel.
ESTA authorizations are generally valid for two years, but foreign nationals must re-apply in certain circumstances such as obtaining a new passport, a name change, or a change in circumstances that affects eligibility. ESTA authorizations are not a guarantee of admission to the United States; CBP makes an admissibility determination at the port of entry.
What the VWP pause means for Romanian nationals and their employers
Romanian nationals and their employers who were planning to benefit from VWP inclusion and the resulting eased requirements on business visitor travel starting in late March should plan instead for these travelers to apply for a B-1/B-2 visa. Advance planning is recommended because the U.S. government has given no indication as to how long a new review of Romania’s VWP designation may last, and appointment availability at U.S. consulates abroad may be limited.
Romanian travelers with existing, valid B-1/B-2 visas should continue to use those visas for visitor travel to the United States.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
