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Beginning on October 19, 2023, eligible Israeli citizens and nationals can apply for visa-free travel to the United States under the Visa Waiver Program (VWP) through the Electronic System for Travel Authorization (ESTA).

Israel’s entrance into the VWP was originally scheduled to begin on November 30, 2023, but that has been moved up based on current circumstances.

The VWP allows successful applicants to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. Israeli citizens and nationals who already have valid B-1/B-2 visas in their passports may continue to use them for these visitor purposes.

To be eligible for the VWP, applicants must have biometrically enabled passport books. ESTA applications are available only in English at this time. The Department of Homeland Security (DHS) said that applications in other languages will become available on or about November 1, 2023. Applications should take about 72 hours to vet and process if there are no issues.

Even individuals with approved ESTA applications may be refused entry to the United States if it is determined that they plan to remain in the United States for more than 90 days. DHS has advised, “Traveling on a visa may still be the best option for some travelers such as those who would like to stay in the United States longer than 90 days or those who think they may wish to extend their stay or change their status once in the United States.”

It is not possible to extend an individual’s stay or change status to another visa status if the individual enters on the VWP. Individuals admitted on the VWP who overstay the 90 days will be removable, may be subject to other bars, and will be ineligible for future visa waiver travel.

ESTA applications are available at https://esta.cbp.dhs.gov/ or individuals may download the ESTA Mobile app.

If you have questions about visa waiver travel, please reach out to your Jackson Lewis attorney.

On September 27, 2023, Secretary of State, Antony Blinken and Secretary of Homeland Security, Alejandro Mayorkas announced that Israel will join the Visa Waiver Program (VWP). Pursuant to the designation, beginning on November 30, 2023, Israeli citizens will be able to apply online through ESTA to travel to the United States on the VWP.

The VWP allows citizens of participating countries to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa. For 10 years, Israel has wanted to become a member of the VWP but has been unable to meet all of the eligibility requirements until recently.

Among other things, entrance into the VWP requires countries to:

  • Issue secure travel documents;
  • Extend visa-free travel privileges to all U.S. citizens regardless national origin, religion, or ethnicity;
  • Work closely with U.S. counterterrorism and enforcement authorities; and
  • For initial designation, have a nonimmigrant visa refusal rate below 3%.

In advance of this designation, Israel made updates to its entry policies to meet the VWP requirement to extend reciprocal privileges to all U.S. citizens without regard to national origin, religion, or ethnicity. After monitoring by DHS, the United States determined that Israel meets this and all other program requirements for VWP membership.

Israelis have been dealing with long backlogs waiting for B-1/B-2 Visitor visas. Some, who are dual citizens, have been using passports from other countries to enter the United States using ESTA. Now, none of that will be necessary.

Israel is the 41st member of the VWP.

Please contact a Jackson Lewis attorney with any questions.

The Department of Homeland Security (DHS) has issued additional Visa Waiver Program guidance involving Cuba, Hungary, and Israel.

The Visa Waiver Program allows individuals from selected countries to enter the United States for business or tourism for up to 90 days without obtaining a visa. To enter under the Visa Waiver Program, foreign nationals must apply for approval to use the program through the Electronic System for Travel Authorization (ESTA). Typically, approval is received within five minutes.

  • Cuba

Cuba is not a country that is eligible for the Visa Waiver Program. In January 2021, Cuba was designated as state sponsor of terrorism. This meant that individuals (including non-Cubans) who have been present in Cuba on or after January 12, 2021, would be ineligible for visa waiver travel. DHS only recently updated ESTA to capture this information. Those who already have ESTA approvals may have those approvals revoked based upon their travel history. The restriction on visa waiver travel also applies to those who have dual nationality, i.e., they are Cuban and also citizens of a country that is eligible for visa waiver. These newly enforced restrictions do not mean affected individuals cannot travel to the United States, but it means they will have to apply for a B-1 or B-2 visitor visa if they do not meet the very limited exemption criteria.

  • Hungary

The Department of State has long been concerned about the abuse of Hungarian passports. Reportedly, 700 non-Hungarians obtained Hungarian passports and 65 (or more) of those entered the United States under the Visa Waiver Program. The problem started more than 10 years ago, when Hungary started a simplified naturalization process. Due to security concerns, Hungarians will be allowed to enter the United States only once a year on a single ESTA visa waiver screening. Nationals of other visa waiver countries can generally enter the United States multiple times during the two-year ESTA approval.

  • Israel

For more than 10 years, Israel has been requesting entry into the Visa Waiver Program. Until now, Israel had not been able to meet two of the threshold requirements: (1) having a visa refusal rate under 3%; and (2) not restricting the movement of Palestinian-American travelers into Israel. Israel’s visa refusal rate has dropped below 3% and, on July 20, 2023, Israel announced changes to its short-term entry-and-transit-through-Israel policy. The new policy allows U.S. citizens, “without regard to national origin, dual nationality, ethnicity, or religion, including Palestinian Americans on the Palestinian population registry, to travel to and from Israel via all ports of entry, including Ben Gurion Airport.” DHS announced that it would work with the Israeli government to ensure that these requirements are met. Once satisfied that the requirements are being met consistently, Israel should be able to join the Visa Waiver Program.

Jackson Lewis attorneys are available to assist you with questions about eligibility for visa waiver and all of your other international travel needs.

The U.S. Embassy in Israel has announced that the necessary agreement has been signed and Israeli citizens will be able to apply for an E-2 Visa as of May 1, 2019. This is an important announcement for the Israeli high-tech sector and the U.S. economy because it opens new possibilities for Israelis wishing to create start-ups in the U.S. or open subsidiaries in the U.S.

President Barack Obama had signed legislation in 2012 allowing nationals of Israel to apply for E-2 treaty investor status, with the caveat that the benefit would not be available until Israel provided similar status to U.S. nationals. In 2014, the Israeli government passed such a bill, but the necessary regulations were not enacted until June 2018. The U.S. Department of State has determined the Israeli legislation (the B-5 Visa) was reciprocal.

Israelis have been eligible for E-1 Treaty Trader status since 1949; however, that status requires the Israeli company to have been engaged in substantial trade. It also requires such trade to be principally between the U.S. and the treaty country. Neither of these requirements could be easily met by a start-up or even a more mature company that is planning on growing in the U.S.

Israel has long been known as “Start-Up Nation” (based on a book by the same name published in 2009). Israel has the largest per capita number of start-ups of any country – by a margin. In Israel, there is one start-up for every 1,400 people. In France, 0.112, and in Germany, 0.056. The area between Tel Aviv and Haifa, known as “Silicon Wadi,” is one of the world’s best start-up environments, second only to Silicon Valley in the U.S.

To qualify for an E-2 visa, an individual must, among other things:

  • Be a national of a treaty country;
  • Invest a “substantial” amount of capital; and
  • Have at least a 50-percent ownership interest in the enterprise or have operational control.

Further, the investment must be at risk and the funds must not directly or indirectly result from criminal activity.

The U.S. Embassy in Israel has directed Israelis who wish to apply for E-2 visas to submit all application materials by mail to the Embassy’s Branch Office in Tel Aviv. Jackson Lewis attorneys are available to assist in this process.

 

In 2012, then-President Barack Obama signed legislation allowing nationals of Israel to apply for E-2 treaty investor status, but benefit would not be available until Israel provided similar status to U.S. nationals. In March 2014, the Israeli government passed such a bill creating B-5 status for American investors. Further enabling regulations were necessary, however, because Israel had no path for granting work permits to foreign nationals based on investment alone. On June 21, 2018, the Interior Committee of the Knesset enacted the necessary regulations. Now, it is up to the U.S. Department of State to determine if the Israeli legislation meets the “similarity of status” requirement, i.e., is it reciprocal?

According to USCIS, to qualify for E-2 treaty investor status the investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation;
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States;
  • Be seeking to enter the United States solely to develop and direct the investment enterprise by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device;
  • The investment must be at risk; and
  • The funds invested must not have been obtained directly or indirectly from criminal activity.

E-2 treaty investor status is distinct from E-1 treaty trader status. Israel has been eligible for E-1 treaty trader status since 1949, but that status requires the company already to be carrying on substantial trade. It also requires such trade to be principally between the U.S. and the treaty country which qualifies the treaty trader for E-1 status. These requirements would not cover start-ups or entrepreneurs who wish to create businesses or subsidiaries in the United States.

Jackson Lewis will continue to follow the progress of E-2 treaty investor status for Israel and provide updates as soon as they are available.

The State Department, as well as multiple other countries’ governments, has issued travel warnings against visiting the Middle East. The warnings cover the following 14 countries:

  1. Bahrain
  2. Egypt
  3. Iran
  4. Iraq
  5. Israel, the West Bank and Gaza
  6. Jordan
  7. Kuwait
  8. Lebanon
  9. Oman
  10. Qatar
  11. Saudi Arabia
  12. Syria
  13. United Arab Emirates (UAE)
  14. Yemen

Employers with personnel in the region should consider:

  • Conducting immediate location tracking and welfare checks.
  • Reviewing evacuation and duty-of-care protocols.
  • Coordinating with security providers for real-time intelligence updates.
  • Assessing payroll, immigration status, and work authorization implications if employees are forced to relocate unexpectedly.

Given the rapidly changing conditions, all travel plans involving the region should remain flexible, and non-essential travel to the affected areas should be deferred until stability returns.

Severe Transportation Disruptions

Since March 1, 2026, thousands of flights have been cancelled while others are being rerouted to avoid the area of conflict in the Middle East. This is particularly observed in the skies over Bahrain, Iraq Israel, Kuwait, Qatar, and UAE. 

In addition, travelers should anticipate significant secondary disruptions even outside the immediate conflict zone. Airlines globally are rerouting long-haul flights between Africa, Asia, and Europe to avoid affected airspace, which may result in longer flight times, fuel stops, missed connections, aircraft repositioning delays, and cascading cancellations worldwide. Travelers transiting through major Middle Eastern hubs, such as Abu Dhabi, Doha, and Dubai, may experience extended delays even if their final destination is outside the most seriously affected region.

For Americans already present in the region, the U.S. is advising them to take commercial flights and return to the U.S. However, for those who may be in Iran, the U.S. is recommending sheltering in place or, if safe to do so, exit by land. Land border crossings may also become congested or close with little notice. Individuals attempting to exit by land should confirm border status in real time and remain aware that neighboring countries may impose entry restrictions or visa requirements on short notice.

Larger countries, particularly those with migrant populations in the affected regions, are in the process of planning repatriation flights. Airports and other transportation hubs may be considered potential targets or may close abruptly due to security threats. Travelers should avoid unnecessary presence at airports until flights are confirmed operational and should closely monitor official government advisories, rather than relying solely on airline communications. The maritime sector may also be impacted. Disruptions in key waterways and ports could affect cruise travel and commercial shipping routes, potentially contributing to broader supply chain delays and indirect economic effects that may influence business travel planning.

Limited Consular Operations

The next step for those already in the region and have had their flights canceled is to contact your government and register your presence by reaching out to the nearest embassy or consulate since they will be able to share specific evacuation instructions. Most consular posts in the region are under a security alert. Consular personnel at some posts have been under shelter-in-place instructions. As always, the best advice for assessment of current consular operation at a specific post is to follow instructions provided by the consular post itself.

Other Measures

Communication disruptions are possible. In conflict zones, internet and cellular service interruptions can occur, limiting access to airline notifications, embassy updates, or digital boarding passes. Travelers should maintain physical copies of passports, visas, and other critical documents.

If possible, travelers should enroll in their home country’s traveler registration programs (such as the U.S. Smart Traveler Enrollment Program (STEP)) to receive direct security updates and evacuation instructions. You may enroll with STEP at https://step.state.gov for the latest State Department security alerts.

Jackson Lewis attorneys are closely monitoring the evolving situation and can assist with your proactive response.

Romania will be the 43rd country to become a member of the Visa Waiver Program (VWP). The new designation made by Secretary of Homeland Security Alejandro Mayorkas in conjunction with Secretary of State Antony Blinken will go into effect on or around March 31, 2025.

The VWP allows citizens or nationals of participating countries to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa.

The Electronic System for Travel Authorization (ESTA) online application and mobile app will be updated to include Romania.

Individuals must apply online through ESTA before coming to the United States on the VWP.

According to the secretaries, Romania met the stringent security requirements for this designation through a whole-of-government effort:

  • It had a visa refusal rate of under 3 percent in the last fiscal year;
  • It issues secure travel documents;
  • It extends reciprocal travel privileges to all U.S. citizens and nationals without regard to national origin, religion, ethnicity, or gender; and
  • It agreed to work closely with U.S. law enforcement and counterterrorism authorities.

U.S. citizens already are eligible to travel to Romania visa-free and are eligible to remain for up to 90 days for tourism or business purposes if they have a passport valid for at least three months from the date of arrival.

Romania is the fourth country to be added to the VWP by Secretary Mayorkas. It follows Croatia (2021), Israel (2023), and Qatar (2024).

Jackson Lewis attorneys are available to assist with any questions on international travel.

The Department of Homeland Security (DHS) designated Lebanon for Temporary Protected Status (TPS) for 18 months due to the conditions in that country caused by the conflict across the Israeli-Lebanese border. The Oct. 17, 2024, designation will apply to otherwise eligible individuals who have continuously resided in the United States since Oct. 16, 2024.

Instructions on how to apply for TPS and employment authorization will be published in the Federal Register soon.

This TPS designation comes on top of the Deferred Enforced Departure (DED) status that was granted to Lebanese nationals on July 26, 2024, for 18 months. Those individuals had to have been in the United States as of July 26, 2024. Individuals who have DED status will be able to find instructions on how to apply for employment authorization through Jan. 25, 2026, in the Federal Register. The TPS designation will continue beyond Jan. 25, 2026 – when the current DED will expire, if not extended.

DHS has also published a Special Student Relief Notice for F-1 nonimmigrant students from Lebanon, which will allow them to apply to work for more hours than normally allowed and still maintain their student status.

Approximately 11,000 Lebanese nationals probably will be eligible for DED and TPS based upon the DHS actions. DHS also estimates that 1,740 students will be eligible for the special relief.

Jackson Lewis attorneys are available to assist with employment authorization and TPS applications and will provide more information on Lebanese TPS as it becomes available.

President Joe Biden on July 26, 2024, granted Deferred Enforced Departure (DED) for certain Lebanese nationals for 18 months due to the humanitarian conditions in southern Lebanon created by the ongoing conflict between Hezbollah and Israel. To be eligible, the Lebanese national must have been in the United States as of July 26, 2024, and not voluntarily returned to Lebanon after July 26, 2024. They must also meet the general admissibility requirements.

This presidential action reportedly will affect approximately 12,000 Lebanese nationals who are currently in the United States, including 1,700 students.

President Biden also directed the Department of Homeland Security to take the steps necessary to authorize employment for those eligible for Lebanese DED and to consider suspending regulatory requirements for Lebanese F-1 students who may be suffering from economic hardship due to the conditions in their home country.

It is in the president’s discretion to authorize DED as part of his constitutional power to conduct foreign relations. DED is not a specific immigration status; however, individuals covered by DED are not subject to removal from the United States for the designated period of time.

Instructions on how to apply for employment authorization and possible travel authorization will be in the Federal Register.

Lebanon joins the list of countries that have been designated for DED: Liberia, Hong Kong, and Palestine.

Jackson Lewis attorneys are available to assist and advise about DED, temporary protected status, or TPS, and other humanitarian parole processes.

President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza. Individuals do not need to apply for DED if they meet the eligibility conditions. But an application is required if they desire work authorization.

It is believed that the grant of DED will affect approximately 6,000 Palestinians who have been present in the United States since Feb. 14, 2024. It will not include anyone:

  • Who has voluntarily returned to the Palestinian territories after Feb. 14, 2024;
  • Who has not continuously resided in the United States since Feb. 14, 2024;
  • Who is not admissible or is subject to extradition; or
  • Whose presence in the United States presents a danger to public safety or potential serious adverse foreign policy consequences.

DED is temporary relief from removal that the president may authorize. In conjunction with DED, President Biden has authorized the Department of Homeland Security to suspend certain requirements for Palestinian F-1 students who, due to the conditions in their home territory, need to be able to work longer hours and attend fewer courses than is usually allowed.

Individuals from Hong Kong and Liberia are also authorized for DED.

Details regarding Palestinian DED and instructions on how to apply for work authorization are due to be published in the Federal Register soon.

Jackson Lewis attorneys are available to answer any questions regarding DED, Temporary Protected Status, and verification of work authorization for those in these categories.