Companies with employees traveling to the US have been warned of a new level risk associated with trips to that country.
Immigration lawyer warns that the new localised vetting processes, which vary from airport-to-airport, are causing longer processing times and more intrusive screening. This is true even for business trips.
Employers must understand that the US does not have a uniform cultural or legal environment.
Tim Hayes is the partner and head immigration at Broadfield Law. He acknowledged that the majority of business travellers from the UK to the US would travel without incident. However, he said that visa processes are becoming more politicised following President Donald Trump’s executive order in January 2025 that stated “all aliens” should be vetted to “the maximum degree possible”.
He continued: “We have heard anecdotally that the US travel experience can be very different depending on which state you are in: New York could feel completely different from Florida or Texas. Employers must understand that the US does not have a uniform cultural or legal environment.
Employees traveling to the US for work should bring multiple copies of important documents, including passports, ESTA approvals, proofs of employment, accommodation and purpose of visit. Preparation can help avoid unnecessary problems at the border.”
Marco Rubio, the US secretary of state, said yesterday that the US will begin to restrict visas for foreign nationals responsible for “censorship” of protected expression within the United States.
Rubio’s comments were directed at “foreign officers”, but he did not specify how he defined the term. He said that it was unacceptable for foreign officials who are physically present in the US to issue or threaten an arrest warrant on US citizens and US residents because of social media posts made on American platforms.
He said that it was also unacceptable that foreign officials demanded that American tech platforms adopt global policies for content moderation or engage in censorship activities that went beyond their jurisdiction and into the United States.
It is unclear how border officers or immigration authorities would interpret these comments on the ground. However, a media worker who recently visited the US anonymously told Personnel Today that she had deleted any social media posts and platforms, no matter how innocuous.
Rubio, who was elected to Congress in 2016, suspended all appointments of students applying for visas to the US pending the State Department’s new guidelines regarding enhanced screening of social media posts by applicants.
Hayes said, referring to UK business travelers: “The US has lost its frictionless travel destination status.” It is important to review travel, mobility, and insurance policies to determine individual risks, legal exposures, and support options in the event of a mishap. Also, it’s necessary to clarify what costs an employer will reimburse if a problem occurs.
China protested against the US’s declaration that they would “aggressively revoke” the visas for Chinese students who study at US universities.
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