[Federal Register Volume 90, Number 235 (Wednesday, December 10, 2025)]
[Notices]
[Pages 57208-57211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22461]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[OMB Control Number 1651-0111]
Agency Information Collection Activities; Revision; Arrival and
Departure Record (Form I-94) and Electronic System for Travel
Authorization (ESTA)
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for comments.
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[[Page 57209]]
SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection (CBP) will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995 (PRA). The information collection is published in the Federal
Register to obtain comments from the public and affected agencies.
DATES: Comments are encouraged and must be submitted (no later than
February 9, 2026) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice must include the OMB Control Number 1651-0111
in the subject line and the agency name. Please submit written comments
and/or suggestions in English. Please use the following method to
submit comments:
Email: Submit comments to: [email protected].
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
[email protected]. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at https://www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with
5 CFR 1320.8. Written comments and suggestions from the public and
affected agencies should address one or more of the following four
points: (1) whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) suggestions to enhance the quality, utility, and clarity of
the information to be collected; and (4) suggestions to minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. The comments that are submitted will be summarized and
included in the request for approval. All comments will become a matter
of public record.
Overview of This Information Collection
Title: Arrival and Departure Record (Form I-94) and Electronic
System for Travel Authorization (ESTA).
OMB Number: 1651-0111.
Form Number: I-94.
Current Actions: Revision.
Type of Review: Revision.
Affected Public: Individuals.
Abstract: CBP invites the public to comment on the following
changes listed below, that were submitted to and approved by OMB
through an emergency clearance, with the justification of an
unanticipated event and reasons to believe following the normal PRA
process would result in public harm.
1. Voluntary Self-Reported Exit (VSRE) Pilot and I-94 Automation:
CBP is implementing a new functionality within the CBP Home mobile
application, or any successor mobile application, to allow aliens who
are subject to I-94 requirements and who are departing the United
States, to voluntarily provide biographic data from their passports or
other travel documents, facial images, and geolocation to provide
evidence of that departure. Note that while the use of this
functionality is optional, submitting a facial image is a required part
of this functionality. This collection of data is a part of CBP's
critical efforts to fulfill DHS's statutory mandate to collect
biometric information from departing aliens and CBP's plans to fully
automate I-94 information collection. This capability will close the
information gap on alien entries and exits by making it easier for
aliens subject to I-94 requirements to report their exit to CBP after
their departure from the United States. It will also create a
biometrically confirmed, and thereby more accurate, exit record for
such aliens leaving the United States.
CBP will use geolocation services to confirm that the traveler
reporting their departure is outside the United States, as well as, run
``liveness detection'' software to determine that the selfie photo is a
live photo, as opposed to a previously uploaded photo. The mobile
application will then compare the facial image submitted to facial
images for that person already retained by CBP to confirm the exit
biometrically. CBP will use this information to help reconcile a
traveler's exit with that traveler's last arrival. The report of exit
will be recorded as a confirmed departure in the Arrival and Departure
Information System (ADIS) maintained by CBP. Aliens can use this
information as proof of departure, which is most relevant in the land
border environment, but may be used for departures via air and sea if a
traveler desires. This is also beneficial for the alien, as having
proof of an exit via a CBP mobile application provides travelers with
evidence for Officers to consider in the event that the Officer is
unsure whether a nonimmigrant complied with I-94 requirements during
their previous entry.
2. Photo Upload for ESTA Website and Mobile: CBP intends to update
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. In addition, CBP intends to update the
mobile application and require third party submissions to include a
``selfie'' or photograph of the applicant's face. These photos would be
used to better ensure that the applicant is the rightful possessor of
the document being used to obtain an ESTA authorization.
Currently, applicants are allowed to have a third party apply for
an ESTA on their behalf. While this update would not remove that
option, third parties, such as travel agents or family members, would
be required to provide a photograph of the ESTA applicant.
As noted previously, the ESTA Mobile application currently requires
applicants to take a live photograph of their face, which is compared
to the passport photo collected during the ESTA Mobile application
process. This change will better align the application processes and
requirements for ESTA website and ESTA Mobile applicants.
3. VWP Burden of Information Collection Increase: CBP has
calculated the estimated burden for this information collection to
account for additional countries added into the VWP over the next three
years. As an ESTA is required for any travel to the United States under
the VWP, the collection is being updated to include travelers from
current VWP designated countries and travelers from potentially added
designated countries over the next three years.
Additionally, CBP recently revised the collection to add Qatar into
the VWP. CBP invites the public to comment on the PRA burden of the
Visa
[[Page 57210]]
Waiver Program Designation (VWP) changes.
CBP also invites the public to comment on the newly proposed
changes listed below:
1. ESTA Website Decommission: CBP will decommission the ESTA
website Application process to establish the ESTA Mobile application as
the sole platform to apply for a new ESTA.
CBP intends to require applicants to submit ESTA applications
solely via the ESTA Mobile application; consequently, travelers would
no longer be permitted to submit ESTA applications using the existing
ESTA website. CBP believes that moving to a mobile-only approach for
ESTA submissions will both enhance security and improve efficiency. The
ESTA website would remain available as a resource for information about
the ESTA program, as well as allow applicants to check the status of
their ESTA applications but will not be used to collect information
from applicants.
Currently, applicants can apply for an ESTA via the ESTA website or
the ESTA Mobile application. However, poor quality image uploads to the
ESTA website have resulted in applicants bypassing the facial
comparison screening. A case study from the National Targeting Center
(NTC) Traveler Application Security Unit (TASU) of a poor-quality
passport photo submission demonstrates the increased accuracy of live
mobile image capture over web-based uploads. NTC TASU identified over
2,400 poor quality passport biographical page uploads and over 8,000
invalid passport photos that led to negative or failed photo comparison
screenings. CBP believes that travelers are aware of this vulnerability
and have begun to exploit it by purposely uploading poor quality images
to avoid detection.
Additionally, CBP continues to struggle with fraudulent third-party
websites. Third-party fraudulent websites charge travelers exorbitant
fees to process an application, where many of these applications may
never be processed by CBP, resulting in a traveler being unable to
board a U.S. bound plane.
Lastly, unlike ESTA Mobile, the ESTA website is unable to validate
the authenticity of the passport through the certificates embedded on
the electronic chip (e-Chip). Bad actors exploit this vulnerability to
apply for an ESTA. NTC TASU has discovered hundreds of fraudulent ESTAs
created by facilitators to support visa applications. These
facilitators uploaded fraudulent passport bio pages to obtain approved
ESTAs. travelers then presented official ESTA printouts, falsely
claiming the ESTA holder was a spouse, to strengthen their visa
applications.
The ESTA Mobile application provides superior identity verification
methods, including liveness detection, facial recognition and Near
Field Communication (NFC)-based passport scanning/electronic chip
verification. Applying for an ESTA on the website does not allow NFC
verification of an ePassport, unlike when using the mobile app. The
current ESTA Mobile submission process includes retrieving biographic
information and portrait photo from the e-Chip, matching the portrait
with a live selfie via the CBP Traveler Verification Service (TVS), and
auto-denying applications that fail Country Signing Certificate
validation from the Traveler Document Authentication System.
While transitioning to a mobile-only ESTA system may present some
initial challenges, the long-term benefits, including enhanced security
and fraud reduction, make the transition a viable national security
decision. CBP believes 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.
2. Romania Removal from Visa Waiver Program (VWP): Due to the
removal of Romania from the approved list of countries under the VWP,
CBP is updating relevant collections to reflect this removal. The
public can refer to https://www.dhs.gov/visa-waiver-program for the
list of approved countries under the VWP.
3. Mandatory Social Media: In order to comply with the January 2025
Executive Order 14161 (Protecting the United States From Foreign
Terrorists and Other National Security and Public Safety Threats), CBP
is adding social media as a mandatory data element for an ESTA
application. The data element will require ESTA applicants to provide
their social media from the last 5 years.
4. High Value Data Elements: To comply with the January 2025 E.O.
(14161), and the April 4, 2025, Memorandum Updating All Forms to
Collect Baseline Biographic Data, CBP will add several ``high value
data fields'' to the ESTA application, when feasible. This is in
addition to the information already collected in the ESTA application.
The high value data fields include:
a. Telephone numbers used in the last five years;
b. Email addresses used in the last ten years;
c. IP addresses and metadata from electronically submitted photos;
d. Family member names (parents, spouse, siblings, children);
e. Family number telephone numbers used in the last five years;
f. Family member dates of birth;
g. Family member places of birth;
h. Family member residencies;
i. Biometrics--face, fingerprint, DNA, and iris;
j. Business telephone numbers used in the last five years;
k. Business email addresses used in the last ten years.
CBP invites the public to comment on both the previously approved
emergency changes and the newly proposed changes.
Type of Information Collection: Paper I-94.
Estimated Number of Respondents: 865,639.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 865,639.
Estimated Time per Response: 8 minutes.
Estimated Total Annual Burden Hours: 115,418.
Type of Information Collection: I-94 website.
Estimated Number of Respondents: 2,278,054.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 2,278,054.
Estimated Time per Response: 4 minutes.
Estimated Total Annual Burden Hours: 151,870.
Type of Information Collection: ESTA Mobile Application.
Estimated Number of Respondents: 14,484,073.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 14,484,073.
Estimated Time per Response: 22 minutes.
Estimated Total Annual Burden Hours: 5,310,827.
Type of Information Collection: CBP Home.
Estimated Number of Respondents: 600,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 600,000.
Estimated Time per Response: 2 minutes.
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Estimated Total Annual Burden Hours: 20,000.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2025-22461 Filed 12-9-25; 8:45 am]
BILLING CODE 9111-14-P