Editor’s note: This is the second in a two-part series about global business travel. This article digs into travel to the U.S. The previous segment covers compliance risks U.S. employers face when employees work abroad.
Imagine this: A senior employee boards a flight for a routine client meeting. They never make it past border control.
The trip was approved. Flights were booked. Meetings were scheduled. But a past issue that had not been reviewed internally triggered a refusal at entry. For many HR teams, this is still treated as a travel risk management edge case. Increasingly, it is not.
Business travel is no longer routine
International business travel has become more complex and less predictable. What once sat with travel coordinators or line managers now touches compliance, legal exposure and employee wellbeing.
Employers are expected to understand not just where employees are going but whether they can enter, what they are permitted to do and how they will be treated at the border. Even standard business travel can carry legal risk if employees engage in activities that fall outside permitted visa categories, according to law firm Woods Rogers.
Who gets stopped at the border?
One of the most immediate risks is simple refusal of entry. Employees with criminal records may be ineligible for visa waiver travel to the United States and instead require a full visa application. Even then, entry is not guaranteed. Prior convictions, including minor or historic offenses, can affect Electronic System for Travel Authorization (ESTA) eligibility and lead to delays or refusals, according to guidance from U.K.-based immigration law firm DavidsonMorris.
“For individuals with a criminal record, even for a minor offence, understanding how these rules operate under U.S. immigration law is essential before attempting to travel,” wrote the firm’s founder and managing director, Ann Morris, in a recent brief.
Scrutiny at the border is also increasing. Financial Times reporting from early 2026 highlights cases where business travelers have faced intensified U.S. visa denials or border questioning despite prior approvals like ESTA or previous successful entries.
Nationality can further complicate entry. Recent policy updates have expanded vetting measures and introduced restrictions affecting travelers from certain countries, according to analysis from international law firm Squire Patton Boggs.
Read more: Analyzing the biggest immigration policy shifts, and their HR impact
What’s the compliance risk?
Even when employees are admitted, their activities may create risk. Business visitor rules in the U.S. are narrow and permitted activities typically include meetings, negotiations and conferences. Productive work for a U.S. entity or receiving local remuneration is not allowed.
Employees often cross this line unintentionally, especially on short trips where roles are not clearly defined, according to transatlantic immigration lawyers at NNU Immigration. That creates exposure not only for immigration compliance but also for tax and employment law obligations.
Documentation at the border
Entry approval is not a guarantee of admission as border officials retain broad discretion to refuse entry, often with limited explanation or recourse, according to Steven A. Brown, partner at Reddy Neumann Brown PC. Travelers may be required to demonstrate the purpose of their visit, their role and their compliance with visa conditions. For HR, this turns travel preparation into a compliance exercise rather than an administrative task.
Refusal of entry is not just a logistical issue, according to researchers at Harvard University. Employees may face detention, extended questioning or immediate return travel. These experiences can be stressful and, in some cases, damaging to professional relationships. Employers have a duty of care to anticipate and mitigate these risks. Failure to do so can affect both employee wellbeing and organizational reputation.
Why HR is exposed
In many organizations, responsibility for business travel is fragmented. HR may not assess travel eligibility before approval, understand visa and entry requirements in detail or define what activities are permitted abroad. At the same time, expectations have increased. HR is often seen as the function responsible for employee experience, compliance and risk management. That combination creates a gap between ownership and visibility.
Some organizations are responding by formalizing their approach to travel risk. Experts identify common practices that include pre-travel eligibility checks that account for criminal record considerations, clear guidance on permitted business activities, centralized oversight of international travel approvals, pre-travel briefings for employees and collaboration with immigration and legal specialists.
These measures do not eliminate risk, but they reduce the likelihood of disruption and help organizations respond more effectively when issues arise.
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