[Blogger’s note: Reports in traditional and social media have highlighted the new focus of U.S. Customs and Border Protection inspections officers who question applicants for admission to the United States at international ports of entry and preclearance sites abroad. My colleague, Raha Torabi, and I have co-authored this post that addresses the specific concerns of business travelers.]

With US immigration policies under heightened scrutiny, business travelers and the companies abroad that dispatch them must be particularly mindful of entry requirements and restrictions when visiting the United States.

Even with a valid B-1 (business visitor) / B-2 (visitor for pleasure) visa or ESTA visa-waiver authorization allowing WB (waiver business) or WT (waiver tourist) admission,[1] each entry is assessed individually, and a traveler’s failure to adhere to permitted activities and legal constraints could result in delays, additional questioning, or even denial of entry and a future bar to reentry.

Permissible activities for business travelers[2]

Under a B-1 visa or ESTA WB authorization, business travelers may engage in the following US-based activities:

  • Attending meetings or negotiations—e.g., Meeting with clients or vendors to discuss or negotiate contracts or determine contract specifications.
  • Participating in trade shows or conferences—e.g., Attending a technology expo to network or take orders for future fulfillment outside the US.
  • Consulting with US-based associates—e.g., Offering business advice or strategy recommendations to a US affiliate without engaging in operational tasks or direct project execution, or being supervised by US based managers.
  • Conducting independent research—e.g., Analyzing industry trends, competitor activities, or economic conditions in the US on behalf of a foreign company without engaging in direct business operations or work.
  • Receiving short-term training—e.g., Attending a corporate training session.
  • Engaging in certain allowable short-term professional activities—e.g., Tasks requiring a relevant bachelor’s or higher degree (or equivalent experience), while remaining employed, paid, and supervised by a foreign employer located abroad.

Prohibited activities for business travelers[3]

Business travelers are NOT permitted to:

  • Engage in employment or receive US wages or supervision—e.g., Working for a US or foreign company or freelancing or self-employment on behalf of US or foreign clients while in the US. This includes work performed on behalf of a US employer that could otherwise be done by a US employee, such as providing client services or managing company operation.
  • Provide direct services to a US company—e.g., Installing, servicing or repairing equipment at a customer site in the US
    • Exception: Certain contracts include: 
      • After-sale activities such as installing, servicing, or repairing commercial or industrial equipment or machinery purchased from a company outside the United States; or
      • Training US workers to perform such services.
  • Manage or operate a US business—e.g., Running daily operations or hiring employees for a US entity.
  • Perform hands-on work—e.g., Assembling goods.
  • Overstay the permitted period of entry—e.g., Remaining beyond the allowed timeframe without proper authorization.

Preparing for entry: Tips for a smooth arrival

  • Know your purpose: Be clear on the business-related reason for your trip and ensure it aligns with lawful business-traveler requirements. Note that saying you are coming to “work” in the US, rather than engaging in permissible business activities or services, may convey to a US Customs and Border Protection (CBP) officer that you are seeking to enter unlawfully to perform skilled or unskilled labor for hire—activities that are not allowed under the B-1 or WB business-visitor categories.
  • Be prepared to present supporting documents: Consider carrying an invitation letter from a relevant US business contact or foreign employer, and/or conference registration details, as well as evidence of ties to your home country (e.g., proof of foreign employment, property ownership, close family members outside the US, evidence of financial resources to cover expenses during your US visit, and a round-trip return ticket).
  • Ensure your travel documents are in order: Review your passport, ESTA and/or visa stamp to confirm its validity for the duration of your planned trip to the US. Some passports are required to be valid for at least six months after the intended US departure date. Review your specific passport requirements before you travel and apply for a timely renewal where necessary.
  • Be consistent: Your statements to CBP officers must be truthful, and should align with your documentation and visitor category; keep your responses concise and to the point.
  • Never misrepresent the facts: A “white lie” or minor inconsistency can raise red flags, result in additional scrutiny, and may even result in refusal of admission to the United States or a permanent bar to reentry.
  • Stay within the scope: Do not volunteer unnecessary information; if your trip includes non-business activities that are lawful yet incidental, i.e., less than 50% of your time in the US on that trip, ensure they remain within legal limits for your visa type and do not involve unauthorized work or the bartering of services, e.g., house-sitting or childcare.
  • Expect vetting at each entry: A valid ESTA authorization or B-1/B-2 visa does not guarantee admission; officers assess eligibility upon each arrival.
  • Impact of travel history on ESTA eligibility and US entry for business travellers: Prior travel to countries the US considers as hostile to its interests may disqualify a traveler’s eligibility for ESTA authorization or trigger additional questioning by CBP. Such trips could impact admissibility or future renewals under the B-1 visa or ESTA WB business-visitor categories.
  • Be prepared for potential mobile device searches: CBP has the authority to inspect and confiscate electronic devices, including laptops and mobile phones, at the border. Consider your organization’s policies and best practices for digital privacy and security while traveling.[4]
  • Mind your digital footprint: Be aware that US immigration officers may review your social media activity. Ensure that your online presence is consistent with your stated, law-abiding purpose for visiting the country.
  • Be aware of the grounds of inadmissibility: US immigration laws bar the admission of noncitizens whose past activities or intended purpose in visiting the country are treated under American law as illegal or prohibited.[5] If you have questions or concerns about your past or prospective activities, consult a US-licensed immigration lawyer whom you assess to be competent in the specific subject matter.

With heightened enforcement under the current administration, business travelers should take extra precautions to ensure compliance with US immigration laws and avoid unwelcome complications at the border. Planning ahead and understanding the rules may help facilitate a smooth entry into the US for your business visits.

[1]See U.S. Customs and Border Protection, web page,”Frequently Asked Questions about the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA),” accessible here:    https://www.cbp.gov/travel/international-visitors/esta. (All links in this article last visited on March 27, 2025.)

[2] See 22 CFR § 41.31, U.S. Department of State, Foreign Affairs Manual,  9 FAM 402.2-5 (accessible here: https://fam.state.gov/fam/09fam/09fam040202.html) and U.S. Citizenship and Immigration Services web page, “ B-1Temporary Business Visitor” (accessible here: https://www.uscis.gov/working-in-the-united-states/temporary-visitors-for-business/b-1-temporary-business-visitor) (All links in this article last visited on March 27, 2025).

[3]  Id.

[4] See U.S. Customs and Border Protection, web page, “Border Search of Electronic Devices at Ports of Entry,” accessible here::  https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices.

[5] See U.S. Department of State, Foreign Affairs Manual,  9 FAM 302 (Grounds of Ineligibility), accessible here: https://fam.state.gov/fam/09FAM/09FAM030201.html, , and U.S. Citizenship and Immigration Services Policy Manual, Volume 8, “Admissibility,” accessible here: https://www.uscis.gov/policy-manual/volume-8.