United States | CBP requests public comment on revisions to Form I-94 and certain changes to ESTA and related processes

Today, U.S. Customs and Border Protection (CBP) published a Federal Register Notice (FRN) announcing planned updates to certain Form I-94 processes and changes to related systems, including the Electronic System for Travel Authorization (ESTA), and requests public comments on the proposal be submitted by Feb. 9, 2026.

Key Points:

• CBP is seeking feedback on proposed updates to certain Form I-94 processes and related systems, which the FRN states “were submitted to and approved by OMB through an emergency clearance.” These include but are not limited to:
  • New functionality on the CBP mobile app to enable foreign nationals subject to I-94 requirements and departing the U.S. “to voluntarily provide biographic data from their passports or other travel documents, facial images and geolocation to provide evidence of that departure.”
  • Updating the ESTA application website to require applicants to provide a photograph of their face, or “selfie”, in addition to the photo of the passport biographical page.
  • Updating information collection for Visa Waiver Program (VWP) countries “to include travelers from current VWP designated countries and travelers from potentially added designated countries over the next three years.”
• CBP also invites the public to comment on “newly proposed changes,” including:
  • The decommissioning of the ESTA website application process “to establish the ESTA Mobile application as the sole platform to apply for a new ESTA.”
  • Updates to “relevant collections” to reflect the removal of Romania from the VWP.
  • Adding social media collection from the last five years as a mandatory data element for an ESTA application.
  • Adding certain “high value data fields” to the ESTA application “when feasible” that include but are not limited to certain information used in the last five or ten years, such as telephone numbers and email addresses, as well as biometrics, to include face, fingerprint, DNA and iris.
• According to CBP, “the continued evolution of mobile technology will further streamline and secure the traveler authentication process, paving the way for future advancements in contactless verification and biometric authentication.”
• The FRN states public comments should be submitted “no later than” Feb. 9, 2026, to the following email address: CBP_PRA@cbp.dhs.gov. Additional details on submitting comments can be found here.

Additional Information: The FRN states that CBP will be submitting the information request to the Office of Management and Budget (OMB) for approval. At this time, changes in the FRN are not yet in effect. BAL will continue to monitor related developments to the proposed changes and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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