As U.S. immigration policies evolve under directives from the Trump Administration, foreign nationals entering the United States to conduct business activities must prepare for heightened scrutiny. Both companies and travelers should take proactive steps to understand the rules for lawful entry and the risks of noncompliance.
Entry is evaluated independently by Customs and Border Protection (CBP), and past approvals do not guarantee admission under current guidelines and practices in 2025. A single misstep may lead to delays, denial, or future bars to entry.
This is true even with a valid B-1 (business visitor) or B-2 (visitor for pleasure) visa, an ESTA (Electronic System Travel Authorization) for a WB (waiver business), or a WT (waiver tourist) admission under the Visa Waiver Program (VWP).
Lawful Business Activities Under the B-1 Visa and ESTA / WB Status
Visitors admitted under B-1 or WB status may engage only in narrowly defined, non-employment / non-productive-work based activities. These include attending meetings, negotiating contracts, and consulting with or training U.S.-based colleagues—so long as there is no direct project execution, supervision, or participation in day-to-day operations.
Attendance at trade shows, conferences, or short-term training is allowed if the traveler remains employed and paid by the foreign employer. Certain professional services may be permitted if they are part of a pre-existing written agreement, require specialized expertise, and do not involve direct service to a U.S. entity or supervision by U.S. personnel.
What Business Visitors May Not Do
While the list of permissible activities may seem broad, the practical limitations are strict. B-1 and WB visitors may not perform “productive labor,” whether paid or unpaid, for a U.S. employer or client. This includes “meetings which close deals,” freelance work, social media content creation for income, and services like on-site installation or equipment repair—unless explicitly allowed under after-sales terms in a foreign sales contract and performed by the employee of the manufacturer or seller of the equipment.
Managing a U.S. business, hiring staff, or doing hands-on work while physically present in the U.S. is also not allowed. Even meetings to finalize financial planning arrangements (where a contract for services is entered into at the end of the meeting) have been viewed as “productive work” in violation of a B-1 visa.
A key question to consider is: “Could a CBP officer reasonably think a U.S. worker could have been paid to do what I’m coming to do inside the United States?” If the answer is yes—or even maybe—extra caution will be warranted.
Preparing for Inspection at the Border
Travelers should be ready for detailed CBP questioning and document inspection. Before departing for the United States, confirm that passports, visas, or ESTA approvals are valid for the full term of the proposed trip. For many nationalities, the passport must be valid for at least six months beyond the intended departure from the U.S.
Travelers must clearly and concisely explain the business reason for the visit, including why their presence in the U.S. is necessary for the suggested time period. While a B1 visa may allow entry for up to 6 months, claims such as needing to attend meetings for six months may appear implausible to CBP. Vague phrases like the traveler is coming into the U.S. “to work” or “for work” can raise red flags, even if the actual purpose is lawful. In addition, a history of frequent or repeated short-term entries may trigger questions about the necessity and nature of in-person presence inside the United States.
Support documents—such as an invitation letter from a U.S. affiliate, a conference registration, or a letter from the foreign employer outlining the visit’s purpose—are now essential. It is also helpful to carry proof of ongoing ties to the home country, such as foreign employment, family responsibilities, property ownership, or return travel. Finally, documentation to prove an intent to return (such as a purchased return airline ticket) should be presented.
Consistency is critical. Statements to CBP must align with documentation and the intended activity. Responses should be truthful and concise. Even minor misrepresentations may lead to denial of entry (and the potential long-term immigration consequences of such a denial flagged on the algorithm).
Additional Considerations for Today’s Enforcement Climate
CBP also exercises broad authority to search and retain travelers’ electronic devices. Denying access to inspect a phone, laptop, or tablet can itself result in a refusal of entry. Officers increasingly check social media for content that contradicts stated travel purposes, timelines, or reflects prior unlawful conduct. Posts that criticize or even question U.S. policy may also be scrutinized.
To the extent reasonably practical, travelers should ensure devices contain only necessary business information. Companies with data security policies should advise employees to consider temporary business-only devices, encrypted communications, and secure logins.
You can read more about the heightened digital privacy risks for entrants into the U.S., including practical recommendations for travelers in a previous article.
Finally, all travelers should be aware that certain past actions—including visa overstays, criminal convictions, prior immigration fraud, or misrepresentations with respect to past entries—may result in inadmissibility. If any doubt exists regarding eligibility or admissibility, it is advisable to consult a U.S. immigration attorney before travel.
Conclusion
Given today’s enforcement landscape, foreign business travelers must be more prepared and cautious than ever. While B-1 and WB travel remain useful tools for global business, their use is subject to close scrutiny and limited to a narrow range of activities that do not replace potential productive work opportunities for U.S. workers.
Companies should review travel policies and ensure employees understand the rules before entering the U.S. With careful planning and clear understanding, business travel to the U.S. can proceed smoothly and lawfully.
