Travel Risks for UK Business Travelers to the US
As businesses continue to rely on international travel, it is important for employers to be aware of the risks associated with trips to the United States. Tim Hayes, a partner and head of immigration at Broadfield Law, has warned that new vetting procedures and varying levels of screening at different airports can lead to longer processing times, increased risk of refusal, and intrusive screening for routine business visits.
Hayes emphasizes that the US is not a uniform legal or cultural environment and that visa processes have become more politicized since President Donald Trump’s executive order in January 2025. This order stated that all foreign nationals must undergo maximum vetting and screening before entering the country. While most UK business travelers will likely have a smooth experience, the process can vary significantly depending on the state. For example, New York may have different procedures and attitudes than Florida or Texas.
To avoid unnecessary issues at the border, Hayes recommends that employees traveling to the US carry multiple copies of important documents, including passports, ESTA confirmations, proof of accommodation, employment, and the purpose of their visit. Additionally, it is important for employers to review their travel, mobility, and insurance policies to address individual risk, legal exposure, and support available in case of any issues. It is also important to clarify which costs the employer would reimburse in the event of any problems.
However, the situation for UK business travelers to the US has become more complicated with recent developments. Secretary of State Marco Rubio has announced that the US will start restricting visas for foreign nationals responsible for censoring protected expression within the country. It is unclear how this will be defined, but it is aimed at foreign officials who issue or threaten arrest warrants for US citizens or residents for social media posts while in the US. This has caused some concern among media workers, with one individual admitting to deleting all social media platforms and posts before traveling.
In addition, Rubio has suspended further appointments for students seeking visas until the state department drafts new guidelines for enhanced screening of social media postings. This has caused China to lodge a protest over the US’s declaration that it will aggressively revoke the visas of Chinese students studying at US universities.
In light of these developments, it is important for employers to stay informed and review their policies to address any potential risks and issues that may arise for their employees traveling to the US. It is also recommended to sign up for weekly updates on HR news and guidance to stay up to date on any changes or developments.