Visa Options for Social Media Influencers and Content Creators

I remember when I first downloaded Instagram on my iPhone. Like many others, I instantly fell in love with the app. Even if I was in my office in Manhattan on a freezing cold gray winter day, with Instagram I could be transported to a new restaurant in Mexico City, an art exhibit in Buenos Aires, or an oceanside bungalow in the Maldives (preferably sipping a delicious beverage). Sure, not all the photos in my feed were so glamorous or exciting—I still got plenty of food photos from my friends and family (looks delicious, mom!)—but, as trite as it sounds, Instagram opened a whole world of sights, people, and experiences (not to mention memes).

And thanks to Instagram and other social media platforms, we have influencers and content creators, two professions that have always existed in some form but not quite in the same powerful way as they do now. In this post, we’ll discuss US visa options for social media influencers and content creators looking to expand their horizons to the US. As always, this is a general post for informational purposes only. Any influencer or content creator should DM aka consult a qualified immigration attorney to discuss their specific situation.

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US Implements Limits to Hungarian Nationals’ ESTA Authorizations

On August 1, 2023, the Department of Homeland Security (“DHS”) announced the validity period for travel to the US offered to citizens or nationals of Hungary under the Visa Waiver Program (“VWP”) utilizing the Electronic System for Travel Authorization (“ESTA”) has been reduced from two years to one year. Additionally, only single visits will be allowed under each ESTA application, as opposed to multiple entries.  According to the US Embassy in Budapest, the reduction of ESTA validity is due to the “Hungarian Government’s inaction” to meet VWP security requirements in line with its “simplified naturalization process” granting Hungarian citizenship “to nearly one million people between 2011 and 2020 without adequate security measures in place to verify their identities.” The reduction in ESTA validity will affect new ESTA applications received after the implementation of the regulation on August 1, 2023 and is not retroactive. All ESTA approvals granted before August 1, 2023 remain valid for two years and more than one entry. 

European Travel Information and Authorization System Set to Launch in May 2023

The European Union (“EU”) has announced it will be launching a visa waiver program, The European Travel Information and Authorization System (“ETIAS”), beginning in May 2023. ETIAS is a travel authorization for visa-exempt non-EU nationals to travel into the Schengen Area, and other EU member states that are not part of the Schengen Area including Croatia, Cyprus, Bulgaria, and Romania.

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ESTA Fee Increase

United States Customs and Border Protection (“CBP”) announced the fee to travel to the United States utilizing the Visa Waiver Program (“VWP”) will increase from $14 to $21, effective May 26. 2022. The fee increase will affect those traveling to the US under the VWP, which permits citizens or nationals of forty participating countries to travel to the US for tourism or business for stays of ninety days or less utilizing electronic travel authorization through the Electronic System for Travel Authorization (“ESTA”) .

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As the US Opens for International Travel, Some Remain in Limbo

As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.

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Croatia Has Been Added to the Visa Waiver Program

In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).

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Adding New Countries and Enhancing Security in the Visa Waiver Program

The popular United States Visa Waiver Program—currently used by nationals of thirty-eight countries to travel to the US—will now have increased security standards for the participating countries. The Visa Waiver Program allows citizens of designated countries to travel for business or tourism to the US without a visa for stays of up ninety days. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

In response to the growing threat from individuals who have gone to Syria and Iraq to fight for the Islamic State and other groups, and who are nationals of designated visa waiver countries (the US estimates that approximately 3,000 Europeans have traveled to Syria since the conflict began in 2011), the United States will now require that countries participating in the program make changes, most significantly the following:

  • Require all passengers to use newer biometric passports that incorporate fingerprints and electronic chips that contain a photograph of the passport holder;

  • Allow more American air marshals on flights to the US;

  • Require use of the INTERPOL Lost and Stolen Passport Database to screen travelers as well as databases that share travel records and passenger information;

In addition, the Department of Homeland Security (DHS) will conduct reviews of all the countries participating in the waiver program to ensure they are following its requirements. If they find certain countries have weaker screening processes, there may be additional scrutiny for nationals of those countries at border crossings. 

DHS Secretary Jeh C. Johnson said in a written statement that these security enhancements are "part of this Department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges.”

While the DHS tightens the requirements, a bill introduced in Congress is proposing to increase the number of countries participating in the Visa Waiver Program. The bill, called the Jobs Originated Through Launching Travel Act (JOLT), had eighty-seven co-sponsors, split between forty-seven Democrats and forty Republicans at the end of July.

JOLT proposes to add Brazil, Poland, Israel, and Croatia, to the list of visa waiver countries by providing the DHS secretary the ability to expand the Visa Waiver Program to countries who failed the current “visa refusal” requirement. Currently this requirement bars countries when more than three percent of its citizens’ visa applications are denied. The bill would allow the DHS secretary to admit countries that have refusal rates as high as ten percent.

The bill would also enhance security requirements for countries participating in the program, including requiring the issuance of electronic biometric passports, although it's not clear if that would remain in the bill as the DHS is preemptively implementing this change. While this bill is being pushed by the travel industry which cites the economic advantages to increased tourism, critics may point to the fact that since 2008 the majority of new undocumented immigrants in the US initially arrived legally. The bill would also change the name of the Visa Waiver Program to the Secure Travel Partnership Program.

"Boosting our economy and improving national security are two of the most critical challenges we face as a nation and the JOLT Act addresses them both," Representative Joe Heck, who is co-sponsoring the bill with Representative Mike Quigley, said in a press release. "Expediting the visa interview process and expanding the Visa Waiver Program will bring more international travelers and tourists to destinations around our country and creates jobs."