Proposed Changes to ESTA and I-94: What Aussies Need to Know (and What’s Actually Likely to Happen)

Every few months, a government agency in the U.S. releases a new proposal that sounds massive, technical, and just a little bit alarming. The latest one comes from U.S. Customs and Border Protection (CBP), which has put forward a series of updates to the Arrival/Departure Record (Form I-94) and the Electronic System for Travel Authorization (ESTA).

If you travel to the U.S. on an E-3 visa, ESTA, or any other temporary status, you will no doubt have heard proposed updates for things like new photos, new data fields, and even DNA collection.

But before you panic… let’s break down what’s actually proposed, what’s realistic, and how this may (or may not) affect Australians heading to the U.S.

What is the Federal Register?

The Federal Register is the U.S. government’s official daily journal and basically the place where federal agencies publish proposed rules, policy changes, public notices, and anything they’re legally required to announce before it becomes real.

Think of it as a central noticeboard for transparency: if an agency wants to change an immigration form, adjust a visa process, or introduce a new security requirement, it must publish the proposal here first and invite public comment.

Nothing in the Federal Register is final on day one; instead, it’s the starting point for a formal process that allows individuals, organizations, and even foreign governments (like Australia) to weigh in before changes move forward.

What is are ESTA and I-94s?

CBP uses ESTA and the I-94 to:

verify your identity,
record when you enter and leave the country,
and ensure the government has the right data to process millions of travelers each year.

These proposed updates reflect a wider push to modernize systems, reduce fraud, and close long-standing gaps in departure tracking.

But — and this is important — proposals aren’t laws. They’re drafts, often intentionally broad, and the public gets 60 days to submit feedback before anything becomes final.

What CBP Has Proposed

Here’s the headline version of the changes CBP is considering with this latest entry in the Federal Register:

1. More biometric checks (think face/selfie verification)

ESTA applicants and some travellers who require an I-94 may need to:

take a selfie (“liveness photo”),
match it to their passport,
verify identity through the CBP Mobile App.

This is already happening in other parts of the U.S. immigration system, so it’s not a huge leap to see it come to these platforms.

This one, in my opinion is very likely to be implemented.

2. A “Voluntary Self-Reported Exit” system

Today, the U.S. doesn’t have a perfect way of tracking when foreign travelers leave the country. CBP wants to introduce a voluntary exit check-in, where you confirm you’ve departed by submitting:

a selfie,
passport details,
and geo-location outside the U.S. via the CBP app.

It won’t be mandatory — at least not yet — but it could tighten up the accuracy of departure records. This one is just a pilot program to try things out and it's very likely that the pilot will be implemented.

3. Shifting ESTA toward a mobile-first process

CBP floated the idea of:

standardizing photo requirements,
improving security,
and potentially shifting ESTA applications to mobile only.

I think this is unlikely to be adopted in such a rigid form as elements like the mobile-only app will run into accessibility problems, but the direction of travel is clear: expect more identity verification through the app.

4. Expanded personal history fields

CBP wants additional optional or required data for ESTA applicants, such as:

past phone numbers,
previous email addresses,
social media identifiers,
and more detailed family info.

Some of this already exists in visa applications like the DS-160, but ESTA has traditionally collected far less (and especially hasn't required it.

I don't think we're going to see compulsory requirements for social media collection, and it will instead simply be an optional field. I think the phone numbers and emails will be collected more comprehensively but maybe not the full 5-10 years proposed, and the family and photo metadata will be included in some way, shape or form.

5. DNA collection

One line in the proposal mentions expanding biometric collections to include DNA. This is the sort of thing that is put out so that we can talk about the over-reach (and then allow for the actual implementation to exclude it and look like a meeting in the middle, so don’t stress this one.

This is extremely unlikely to apply to happen.

So what do you need to do?

Importantly the first thing you should do is take a deep breath because these haven't been implemented just yet and are merely proposals. That being said, being alert and aware of changes like this is always important.

CBP is now in the standard 60-day comment period. After that, the agency will review feedback and issue a final, much more refined rule taking into account all of the feedback and lobbying it receives.