US ESTA: the passport you need and who must apply for a visa instead

Citizens of San Marino and other Visa Waiver Program countries can enter the United States for tourism or business without a visa for stays of up to 90 days, but they must first obtain an Electronic System for Travel Authorization (ESTA) approval. The U.S. Department of State requires an electronic passport for that authorization, and certain travellers are excluded from the scheme altogether.

Key facts

• Maximum stay under the Visa Waiver Program: 90 days, for tourism or business only
• Authorization required: ESTA, which is electronically linked to the passport used in the application
• Passport required: an electronic passport with a biometric chip; emergency or temporary passports used for entry must also be electronic
• Excluded travellers: certain dual nationals and people who have travelled to specific countries since 2011 or 2021
• Those excluded must: apply for a visa instead of using ESTA

What passport is needed for ESTA?

The U.S. Department of State says travellers need an electronic passport to obtain ESTA authorization. The passport carries a chip that stores biometric information and allows the traveller's identity to be verified, and the ESTA is linked electronically to the passport presented in the application.

The passport must also meet validity conditions: it must have no tears or stains, no unauthorised signatures or stamps, and must not have been reported lost. The State Department also lists a six-month passport validity rule, with an exception for countries included in the Six-Month Club. If an emergency or temporary passport is used to enter the United States under the Visa Waiver Program, it must be electronic as well.

Who is excluded from ESTA?

Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act enacted in 2015, travellers in any of the following groups cannot enter the United States with ESTA and must apply for a visa instead:

• People with dual nationality of Cuba, the Democratic People's Republic of Korea, Iran, Iraq, Sudan or Syria
• People who have travelled to or been present in Cuba since 12 January 2021
• People who have travelled to or been present in the Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen since 1 March 2011

Which countries are in the Visa Waiver Program?

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

What this means for travellers

Travellers from San Marino and other participating countries should check that they hold an electronic passport before planning to use the Visa Waiver Program, since the ESTA is tied to that passport. Anyone with dual nationality of one of the listed countries, or travel to those countries within the stated periods, should plan to apply for a visa rather than rely on ESTA.

The Visa Waiver Program covers tourism and business visits only, for stays of up to 90 days. The State Department has not announced any change to these requirements in the guidance cited here.