US: EU negotiates to preserve visa-free travel for Europeans

Will Europeans still be able to travel to the United States without a visa after 2026? At this stage, there is no indication that visa-free travel is about to disappear. However, continued participation in the US Visa Waiver Program is now tied to new security requirements imposed by Washington.

On September 10, 2026, the European Commission submitted proposals to the Council of the European Union to sign and conclude a new framework agreement with the United States governing the exchange of information used for border checks and the assessment of visa and travel authorization applications.

Why is US visa-free travel at the center of the talks?

Nationals of the 42 countries and territories currently participating in the Visa Waiver Program (VWP) can travel to the United States without a visa for tourism or business stays of up to 90 days.

They must, however, obtain an electronic ESTA travel authorization before departure.

Since 2022, the United States has added a new requirement for countries that participate in the Visa Waiver Program, or hope to join it: the establishment of an Enhanced Border Security Partnership (EBSP) with the US Department of Homeland Security.

Washington says the goal is to strengthen authorities’ ability to verify the identity and background of certain travelers and determine whether they may pose a security risk before they arrive in the United States.

The requirement therefore does not directly concern the ESTA application itself. Instead, it affects the security cooperation framework that allows participating countries to retain access to the US visa waiver system.

It is nevertheless developing alongside separate discussions between Europe and the United States over proposed changes to ESTA and the collection of additional personal information. The two are distinct issues, but both reflect a broader move toward stronger pre-travel screening.

A deadline at the end of 2026

The United States expects the enhanced border security partnerships to be in place by December 31, 2026.

After that deadline, the Department of Homeland Security may assess compliance with the new requirement when reviewing whether countries can join or remain in the Visa Waiver Program.

That does not mean a European country that has not completed every step by January 1, 2027, would automatically lose its visa waiver status. The new requirement will, however, become one of the factors US authorities can consider when determining whether a country continues to meet the conditions for participation.

It is precisely this deadline that is prompting the European Union to accelerate work on a common legal framework.

More extensive information sharing between Europe and the United States

The issue is sensitive because the US framework provides for information exchanges that may include biometric data held in national databases.

The Department of Homeland Security says the EBSP is intended to allow US authorities to carry out certain checks against biometric information held by Visa Waiver Program countries.

For the European Union, the challenge is therefore to meet the new US requirements while ensuring that the exchanges comply with EU law and European data-protection rules.

The issue has already raised concerns among European privacy authorities. The European Data Protection Board has called on Brussels to ensure adequate safeguards around proposed ESTA changes and future information exchanges with the United States, particularly where sensitive or biometric data is involved.

The negotiated text provides, among other things, for exchanges to be reciprocal, limited to border control, visa and electronic travel authorization purposes, and governed by requirements of necessity and proportionality.

Automated queries would primarily be used to verify a person’s identity. Any transfer of additional information would be subject to human review and could be refused in certain circumstances.

An EU-level agreement, followed by agreements with individual countries

The agreement currently proposed by Brussels would not give the United States unrestricted access to databases across the European Union.

Instead, it would establish a common set of rules under which Washington and individual EU member states could conclude their own agreements.

Those bilateral arrangements would then determine which databases are covered, what information may be exchanged and what technical procedures apply under each country’s national law.

The European Union is seeking to prevent its member states from negotiating separately with Washington under different standards, while ensuring a common level of data protection.

Negotiations between Brussels and Washington began after the Council authorized them in December 2025 and were completed on July 23, 2026. The Commission is now asking the Council to authorize the agreement’s signature and provisional application, ahead of its formal conclusion following approval by the European Parliament.

No immediate changes for travelers or ESTA

For British, Irish, French, German and other European travelers currently eligible for the Visa Waiver Program, nothing changes at this stage.

An ESTA remains required to travel to the United States without a visa under the Visa Waiver Program, and the new EU text does not change its validity period or the conditions governing permitted stays.

The issue lies further upstream: enabling the European countries concerned to meet the new US requirements so they can preserve their participation in the Visa Waiver Program, allowing their nationals to continue traveling to the United States with an ESTA rather than a visa.

The Commission has also stressed the urgency of the matter because of Washington’s end-of-2026 deadline and the upcoming review of the US Visa Waiver Program.