Business Travel and Assignment in the USA: What you need to know about US immigration

The recent changes in US immigration rules are causing uncertainty worldwide. In particular, since the new US government took office, processes regarding entry into the USA have become stricter. The news are increasingly reporting on Germans and other foreigners who have been turned away at the US border or even detained pending deportation. This makes it all the more important for companies sending employees to the USA to familiarize themselves very carefully with the nuance of US immigration requirements, formalities, and procedures to adequately prepare their employees.

All travelers to the U.S. should expect and plan for delays in processing their immigration applications, both within the U.S., as well as at U.S. consulates and ports of entry.

What has changed in US immigration in 2025

US President Trump has recently issued new executive orders (EO) on US immigration. Under EO 14161, all immigration authorities are required to strengthen screening and vetting procedures for visa applicants and holders. The authorities are to be more critical during the visa issuance process and apply the mandatory legal standards strictly. The consequence is a more intensive examination of all visa applications. More frequently, the consulate may request additional documents during or after the visa appointment, or the visa application may be subject to “administrative processing”. This is an additional background check, which cannot be accelerated and sometimes takes several weeks.

Additionally, new EOs have eliminated previous process simplifications and reestablished former procedural hurdles. Entries to the USA are being scrutinized more critically again, especially if they are frequent or long-term, for example several weeks at a time. In many cases, there are now more detailed queries the immigration counter at the border and there is an increased likelihood of selection for secondary checks. In such a case, travelers entering the US are then questioned in separate room about their travel – sometimes in an interrogation-like manner – including the reason for and duration of their journey. Such a procedure can take hours under certain circumstances. Travelers’ cell phones and social media accounts can also be searched. If requested devices and passwords are not provided to the authorities, entry may be refused.

Tips for Travel Planning

Employers should plan business trips very early and carefully. This includes:

• ensuring the right type of visa is sought,
• structured and transparent travel plans that ensure compliance with regulations,
• checking travel checklists and taking the most important documents (e.g. employer letters) with you.

Individual briefing discussions with the travelers may also be recommended in individual cases.

Tips for Travel

As noted, questioning at the US border about the purpose of a trip and the duration of the stay has increased. When questioned by immigration officers, employees should give truthful and precise answers. Incomplete or false answers may be considered fraudulent.

Employees should have the necessary documents ready. These are primarily the passport, visa, travel itinerary, and proof of financial means to support the duration of their stay.

It is recommended that employees carry physical copies of these documents with them to minimize the likelihood that border officials will want to search their phone.

Special case: Short term Business Travel under ESTA

It is important for a smooth entry that all entry formalities – depending on the visa type or ESTA requirements – are complied with.

ESTA allows citizens of certain countries, including EU member states, to enter the USA for up to 90 days without a visa. However, they need a travel permit via the Electronic System for Travel Authorization (ESTA) to start their journey. However, even with ESTA, actual entry into the United States is not yet guaranteed. Only the US Customs and Border Protection Agency decides on the spot whether, and for how long, travelers will be granted entry.
ESTA is convenient, inexpensive, can be applied for online and is approved in just a few days. But not all activities are permitted with ESTA, even if the trip is only for a few days. It is vital that employers and their employees ensure that their planned business activities are permitted under ESTA. Failure to do so may result in revocation of ESTA, deportation from the U.S., and difficulties in obtaining another U.S. visa in the future.

Assignments, transfers, remote work and other longer-term stays in the USA

Business trips that are not permitted under the ESTA framework or that extend over a longer period of time generally require an employment visa. The same applies to “remote work” from the US for a foreign employer. Work physically performed in the USA requires US work authorization. The application process for US employment visas was already very paper-intensive and sometimes lengthy, and now it has only worsened. We have observed the following recently – particularly as a result of the new EOs:

• Proceedings are often delayed by official inquiries or additional requests for documents (so-called Requests for Evidence), sometimes by several weeks.
• Reduced staff and an increasing number of applications are also leading to longer processing times at the US immigration authorities.
• Visa applications are rejected more frequently within the scope of the wide discretionary powers of the authorities.
• It is to be expected that application fees and other official fees will be increased further.
• Eligibility for certain types of employment visas (e.g., L-1B visas for company specialists as part of a personnel exchange or H1B visas for skilled workers) can generally be more closely scrutinized in order to limit labor migration.

Caution with relationships to high-risk countries

People born in “high-risk countries” (currently North Korea, Iran, Sudan and Syria) are subject to stricter visa application review. This applies even if they have another nationality, for example German.
Anyone who has traveled to certain countries in the past can be questioned about their connections to these countries, including as part of an ESTA entry. These countries include Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Yemen and Cuba. In most cases, people who have traveled to these countries are not eligible for ESTA and must apply for a visa at a US consulate.

Authorities step up their workplace checks on foreign employees

Employers should also bear this in mind when their employees are in the USA: The Fraud Investigations and National Security Division (FDNS) of the Department of Homeland Security has stepped up its activities. One of the main tasks of the FDNS is to carry out random on-site visits to ensure that employers and their foreign employees, whether temporary or permanent, are complying with the conditions of their respective residence status. As a rule, officials come to the reception of the employer’s main address and ask for an interview with the foreign employee and the direct manager. The workplace and the foreign employee’s ID are usually inspected. In addition, foreign employees must answer questions about their role in the United States. These inspections are routine and participation is mandatory.

Recommendations for US immigration in practice

Every company that has or will have points of contact with the USA should continue to monitor the legal requirements and practices of the US immigration authorities in the coming months. It remains to be seen whether a significant reduction in employment-based migration is actually the focus of President Trump.

We recommend in any case:

• for ESTA travel: Companies should check and plan the legal requirements and formalities to be completed very carefully in advance in order to be well positioned here and minimize risks for travelers and companies. ESTA violations can have lifelong consequences for business and private trips to the USA.
• for longer-term work stays: Companies should develop a good strategy and allow sufficient time (at least six to eight months) to apply for an employment visa. When selecting the US consulate, the various long processing times/availability of appointments should be taken into account. Any extensions should also be initiated as early as possible in order to avoid an unwanted departure from the USA.

Update May 28, 2025: The US Department of State directs US embassies and consulates to pause student visa appointments (F, M, and J) pending the development and implementation of a new social media vetting process of applicants. This affects not only students, but also companies, as F and J work permits are often used for certain employment purposes in the US.

Our team of experts in the field of US immigration will be happy to answer your questions and provide further information.

Co-author: Sarah O’Neill, JD, Attorney-at-Law, Manager at KPMG Law Rechtsanwaltsgesellschaft mbH