The U.S. Customs and Border Protection and the Department of Homeland Security have all announced several significant updates, relating to the Electronic System for Travel Authorization (ESTA) Program and STEM Optional Practical Training Extension (OPT) Program.

ESTA Program Updates Include Travel Ineligibility For Foreign Nationals To Cuba
According to an official U.S. Customs and Border Protection (CBP) communication as of July 6, 2023, the ESTA application form now requests information regarding an applicant’s prior travel to Cuba, in addition to whether the individual holds Cuban nationality. An affirmative answer to these questions may disqualify an applicant from travel to the U.S. under the Visa Waiver Program.

The Visa Waiver Program , also known as the ESTA Program, encompasses these countries and permits nationals of these countries the ability to visit the U.S. without securing a visa in advance at a consular post. The countries include:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and United Kingdom.

The update to the ESTA requirements stems from the U.S. government’s January 12, 2021, designation of Cuba as a state sponsor of terrorism under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. The following nationals of Visa Waiver countries are ineligible for the Visa Waiver Program and will be mandated to apply for formal visas at U.S. consular posts abroad:

• Individuals who traveled to Cuba on or after January 12, 2021 (unless eligible for exemption available to certain military and government employees); and
• Those who hold dual nationality with Cuba at the time of their ESTA application or thereafter.

On June 21, 2023, CBP announced that it had launched an ESTA Mobile App in 40 countries and 24 languages. That App information may be found here.

For European clients and others who frequently travel to Cuba, it would be wise to consider this new U.S. Customs and Border Protection restriction which will now require individuals to apply for B1/B2 nonimmigrant or other visa at consular posts in advance of planned travel to the United States. It would also be advisable for foreign nationals to check the U.S. Customs and Border website for any updates to the ESTA regulations, or to their own ESTA visa status.

The Department Of Homeland Security Designates Eight More-Degree Fields Qualifying For STEM OPT Program
Eight new degree fields, including Linguistics and Computer Science, Mechatronics, Robotics and Automation Engineering, Landscape Architecture, Composite Materials Technology/Technician, Demography and Population Studies and Geospatial Intelligence will be added to the list of eligible STEM fields for purposes of allowing F-1 foreign students the ability to remain in the United States after completion of studies for up to 36 months effective July 12, 2023.
Foreign students qualify for post-completion optional training for 12 months generally, but those pursuing a course of study in the STEM fields are permitted a total of 36 months of training post-completion of attaining their degrees. The current STEM approved list may be found here.

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