EU and US Negotiate to Preserve Visa-Free Travel for Europeans

European remote workers who rely on visa-free entry to the United States can breathe easy for now: nothing has changed yet. But the European Union is moving quickly to lock in a new security agreement with Washington that would let its member states stay in the US Visa Waiver Program (VWP).

On September 10, 2026, the European Commission asked the Council of the European Union to approve signing a new framework agreement with the United States. The deal governs how the two sides share information used for border checks and for assessing visa and travel authorization applications.

What changed

Since 2022, the US has required countries in the VWP — or those hoping to join — to set up an Enhanced Border Security Partnership (EBSP) with the Department of Homeland Security. The idea is to give US authorities more ability to verify a traveler's identity and background before arrival, potentially including checks against biometric data held in national databases.

Washington wants these partnerships in place by December 31, 2026. After that, compliance becomes one factor DHS can weigh when deciding whether a country can remain in or join the program. Importantly, a country that hasn't finished every step by January 1, 2027 would not automatically lose its status — but the requirement becomes part of the review.

That deadline is why Brussels is hurrying to build a common legal framework. Negotiations began after the Council authorized them in December 2025 and wrapped up on July 23, 2026. The Commission now needs Council approval to sign and provisionally apply the deal, with formal conclusion following a European Parliament vote.

The privacy question

The sensitive part is data. The US framework allows information exchanges that may include biometric data, which has drawn concern from European privacy regulators. The European Data Protection Board has urged Brussels to ensure strong safeguards, especially where sensitive or biometric information is involved.

According to the negotiated text, exchanges would be reciprocal, limited to border control and visa or travel authorization purposes, and subject to necessity and proportionality. Automated queries would mainly verify identity, and any transfer of extra information would require human review and could be refused. The agreement would not hand the US open access to EU databases; instead it sets common rules under which individual member states can strike their own bilateral arrangements. The EU's goal is to prevent members from negotiating separately under weaker standards.

What it means for nomads

For now, nothing changes. British, Irish, French, German and other eligible European travelers still need an ESTA to enter the US visa-free for stays of up to 90 days, and the new text doesn't alter ESTA's validity or the conditions for permitted stays. This is a separate matter from ongoing discussions about ESTA changes, though both reflect a broader push toward stronger pre-travel screening.

The stakes are longer-term: if European countries fail to meet the new US requirements, their continued place in the Visa Waiver Program could eventually be questioned — potentially forcing citizens to apply for visas instead. Nomads with frequent US travel should keep an eye on how quickly the agreement is finalized before the end-of-2026 deadline.

Originally reported by VisasNews.