The launch of the European Union’s Entry/Exit System (EES) represents one of the most significant changes to the rules governing the crossing of the Schengen Area’s external borders in many years. The changes have particularly important consequences for U.S. citizens, who have previously benefited from special arrangements resulting from the Polish-American visa waiver agreement.
As of October 12, 2025, with the gradual implementation of the EES, the rules for calculating the permitted period of stay of U.S. citizens in Poland have changed.
What is the EES?
The Entry/Exit System (EES) is an electronic European Union system that records the entry and exit of third-country nationals crossing the external borders of the Schengen Area.
The system replaces the previous practice of manually stamping passports and allows the permitted duration of a foreign national’s legal stay to be calculated automatically.
You can learn more about the EES in our article: “EES and ETIAS – New Rules for Traveling to Europe from 2026.“
What Has Changed for U.S. Citizens?
The most important change is that, following the introduction of the EES, U.S. citizens are subject to the general short-stay rules applicable to third-country nationals traveling within the Schengen Area.
This means that a legal short-term stay may not exceed 90 days in any 180-day period.
In practice, this represents a departure from the previous interpretation under which U.S. citizens, after exhausting their Schengen allowance, could benefit from an additional period of stay in Poland on the basis of the bilateral agreement between Poland and the United States.
Why Have the Rules Changed?
The change results from European Union legislation governing the operation of the EES.
Following the introduction of the system, the stays of third-country nationals are recorded uniformly throughout the Schengen Area. Consequently, the possibility of extending a short-term stay on the basis of bilateral agreements has been significantly restricted and is permitted only where the relevant agreement expressly provides for such a possibility.
What About the Poland–U.S. Agreement?
The agreement in the form of an exchange of notes between the Government of the Republic of Poland and the Government of the United States of America of April 4, 1991, concerning the waiver of visa requirements, does not contain provisions allowing a stay to be extended beyond 90 days.
Moreover, the agreement excludes its application to persons traveling to Poland for the purpose of employment or permanent residence.
In connection with the implementation of the EES, the Polish Ministry of Foreign Affairs informed the U.S. Embassy in Warsaw of the new rules applicable from October 12, 2025.
What Should a U.S. Citizen Planning to Stay for More Than 90 Days Do?
If a U.S. citizen intends to remain in Poland for more than 90 days, they should take appropriate steps in advance to legalize their stay.
Failure to obtain an appropriate legal basis for residence before the permitted 90-day period expires may result in the subsequent stay being considered unlawful.
Why Is This Change So Important?
The change is particularly relevant to U.S. citizens who:
- plan to relocate to Poland;
- work remotely while physically present in Poland;
- conduct business activities in Poland;
- are in a relationship with a Polish citizen; or
- regularly travel between Poland and the United States.
Until now, many U.S. citizens planned their stays in Poland on the basis of the practice resulting from the Polish-American visa waiver agreement. Following the introduction of the EES, this solution is no longer applicable.
Summary
As of October 12, 2025, U.S. citizens, like other visa-exempt third-country nationals, may generally stay within the Schengen Area for a maximum of 90 days in any 180-day period.
Those planning to stay in Poland for a longer period should obtain the appropriate residence permit provided for under the Polish Act on Foreigners sufficiently in advance.
In practice, this means the end of the possibility of relying exclusively on the Polish-American visa waiver agreement as the legal basis for an extended stay in Poland.
Given the significance of these changes, anyone planning a longer stay in Poland should carefully assess the appropriate immigration route before traveling to Poland in order to avoid violations of immigration law and the potential consequences associated with an unlawful stay.
