When Business Journey Turns into Business Threat Navigating B1 and ESTA Journey in 2026 | Insights

Grace Shie: Welcome to The Inside Track. My title is Grace Shie and I’m joined as we speak with my companion Morgan Bailey. This is our first episode for 2026 and coming off a season of vacation journey, we determined to debate tendencies that we’re seeing in worldwide journey for enterprise guests coming to the United States. About a yr in the past in spring of 2025, we started to see headlines about the kind of heightened scrutiny happening at U.S. airports for various traveler profiles. And whereas a few of the media protection has quieted on the topic, Morgan and I in our observe proceed to listen to and study concerning the continued scrutiny that vacationers obtain. We’re now in an period of enhanced vetting in US immigration. And so as we speak we are going to deal with the kind of scrutiny being utilized to enterprise vacationers.

Morgan Bailey: What’s putting is that this is not simply first time vacationers. We’re listening to this from senior executives, from founders, from long-term enterprise vacationers, who traditionally have had very easy journey experiences. People who’ve been touring to the United States for years with out concern.

Grace Shie: So we will unpack what’s taking place when vacationers arrive within the United States and undergo immigration. And we’re additionally going to share how companies and vacationers can plan intelligently round it. Business vacationers coming to the United States journey both on a B1 visa, which is expressly designed for enterprise guests, or they arrive on ESTA, which is a program for vacationers coming from visa waiver nations just like the UK or Australia.

Morgan Bailey: And in December of 2025, the Department of Homeland Security revealed a proposal to replace the ESTA course of. This would come with modifications associated to the gathering of social media, in addition to facial recognition and selfies. However, typically, it is necessary to essentially needless to say what we’re seeing is not a basic change within the legislation. It’s a change in present guidelines, actually in how present guidelines are being utilized within the United States.

Grace Shie: Companies might be stunned once they assume that if nothing has modified on paper, the expertise for his or her enterprise vacationers ought to look the identical in observe. But that is not what we’re saying.

Morgan Bailey: Exactly. The expertise at US airports and different factors of entry has developed. We’re seeing extra referrals to secondary inspection.

Grace Shie: and secondary inspection being a extra detailed overview by U.S. border officers.

Morgan Bailey: That’s proper. And these referrals typically aren’t about one particular journey. They’re about patterns. Officers are taking nearer take a look at what enterprise vacationers are literally doing within the United States. And that is affecting individuals who would not historically see themselves as excessive threat.

Grace Shie: So this is not remoted as an immigration concern. For many firms and employers, this turns into a enterprise continuity concern involving the traveler.

Morgan Bailey: Absolutely. New purchasers are reaching out to us due to these border disruptions. Essentially, they’re beginning to have an effect on their deal timelines or management, journey, board conferences, and even consumer relationships. So whereas the difficulty exhibits up on the border, the influence is felt actually across the enterprise.

Grace Shie: Which helps clarify why that is getting a lot consideration at senior ranges throughout organizations, organizations that we work with. Right now, journey to the United States for a lot of can really feel unpredictable, even for knowledgeable vacationers.

Morgan Bailey: It’s proper, it may possibly really feel that means. But I feel whenever you step again, there are some clear drivers. There’s elevated deal with ensuring customer classifications are getting used correctly, particularly the place the B1 or ESTA journey begins to seem like employment. At the identical time, border businesses now have far more visibility into journey historical past, in addition to issues like frequency and length which makes patterns simpler to evaluate.

Grace Shie: A typical misunderstanding, Morgan, that you just and I see throughout firms and vacationers is that it includes what enterprise guests are allowed to do as soon as they’re within the United States. I feel for most individuals, it is fairly clear that somebody coming to the US on a enterprise visa is not allowed to review at University as a result of now we have scholar visas for that. And they don’t seem to be allowed to just accept a job with a US employer and go on payroll and get a W-2. That’s fairly apparent. But there’s some dis confusion concerning the actions which are allowed for enterprise guests and actions which are thought-about unauthorized work. There is a authorized distinction between enterprise and work. And whereas colloquially, we and plenty of others use these phrases interchangeably for US immigration functions, enterprise and work are distinct.

Morgan Bailey: That’s precisely proper. Business actions typically embrace issues like attending conferences, negotiating contracts, consulting with purchasers, even issues like attending conferences or collaborating in board stage or strategic discussions. But what raises issues is issues which are thought-about work. And that may imply, for instance, issues that palms on operational actions. So managing groups or directing day-to-day operations, coding or promoting straight or moving into govt position, even when it is simply short-term.

Grace Shie: And that distinction, as you and I do know, might be delicate, particularly, say, for a worldwide govt who, due to her world position, has a US crew that she supervises.

Morgan Bailey: That’s proper, it may be delicate, however from a border officer’s perspective, the query is fairly easy. What will this particular person really do as soon as they enter into the United States? So titles matter far lower than actions. If the exercise might moderately be carried out by a US employee, that is the place that scrutiny will increase.

Grace Shie: It would possibly assist, Morgan, if we floor this dialogue in an actual world instance. Why do not you share one?

Morgan Bailey: Sure. You know, we regularly see points come up from imprecise language. So if a traveler says they’re coming to the US to work, when what they really imply is that they’ll be attending conferences or negotiations, that may invite additional scrutiny. Or if they are saying they’re going to be managing a mission, when actually they imply they’re going to be observing operations or providing excessive stage steering. These small variations in wording could make a giant distinction on the border and typically even result in refusal.

Grace Shie: So as you’ll be able to see, the actions themselves are necessary. I’ll take a unique instance. An govt who’s coming into the United States to attend management conferences, meet together with her counterparts to debate world technique. These are traditional enterprise actions, very a lot those that Morgan simply recognized. Those actions are permitted for the B1 enterprise visa holder or for the ESTA visa waiver traveler. Now distinction that with an govt who’s planning to come back to the United States to in actual fact handle a US crew, for instance, throughout a transition interval, or they’re coming to make operational choices that influence the US enterprise. Those kinds of actions begin to cross a line between what’s permitted and what’s not below a enterprise visa.

Morgan Bailey: That’s proper, even when the intent is brief time period and properly that means, that begins to seem like palms on work.

Grace Shie: And intent of the traveler alone would not resolve that pressure. Officers aren’t evaluating the motive of the person. They’re evaluating the exercise, whether or not the exercise within the US aligns with a particular visa classification, which on this case is the B1 for enterprise guests.

Morgan Bailey: And I feel it is necessary to say this very clearly. In the United States, we do not acknowledge a digital nomad or a overseas employer distant work idea. Travelers will not be permitted to work remotely from throughout the US, even for a overseas employer.

Grace Shie: So this additionally helps clarify why we’re seeing extra scrutiny even for knowledgeable vacationers, particularly these shifting between totally different nations usually, nations that do provide digital nomad visas, for instance.

Morgan Bailey: Exactly. And the US method is distinct. Companies that function globally, typically assume that issues are going to be the identical throughout jurisdictions. But the extent of discretion at US ports of entry is totally different. And that is one thing companies must plan for.

Grace Shie: So primarily based on the tendencies that we have seen develop over the previous 10, 11 months, Morgan, the questioning by immigration officers as we speak feels extra centered on, I feel what you and I check with as consistency.

Morgan Bailey: That’s proper. Officers are evaluating what vacationers say in opposition to prior journey historical past. They additionally take a look at employer info and previous entries. They’re additionally whether or not vacationers perceive the boundaries of their standing. One factor I’d warning in opposition to is assuming that previous easy journey ensures future easy journey. Right now enforcement is evolving.

Grace Shie: And typically over explaining whenever you’re standing in entrance of an immigration officer would not assist the scenario.

Morgan Bailey: That’s precisely proper. Overexplaining or utilizing inside firm jargon can unintentionally create confusion. It’s higher to have clear, correct, and actually disciplined explanations. Those are likely to work greatest.

Grace Shie: So that brings us to planning. We discuss loads about superior planning, however that may sound summary. So what does it really imply to observe, Morgan?

Morgan Bailey: At its core, it is about alignment. The traveler’s position, the enterprise function, and the visa classification all must line up. And that documentation that is offered also needs to reinforce that function. Travelers ought to actually perceive each what they’re approved to do and what they don’t seem to be.

Grace Shie: And on the firm stage, that is the place we are likely to see extra subtle organizations take a unique method, an method that results in extra profitable journey experiences.

Morgan Bailey: That’s proper. Companies that handle it will deal with enterprise journey actually as a part of that broader world mobility and threat administration technique. They observe journey patterns, coordinate throughout authorized, HR, and enterprise groups, and reassess visa technique every time, or as an instance earlier than, earlier than points come up quite than reacting after an issue on the border.

Grace Shie: So given the experiences of holiday makers to the US over the previous yr, what are you awaiting this yr when it comes to developments?

Morgan Bailey: We’re seeing continued motion in the direction of data-driven enforcement, notably round frequency and length of journey. And there’s additionally a larger reliance on digital information to essentially assess intent.

Grace Shie: So that seems like extra predictability, however much less margin for error.

Morgan Bailey: Exactly.

Grace Shie: So as we love to do with our podcasts, let’s shut this episode with some sensible takeaways for listeners. Why do not you begin?

Morgan Bailey: First, it is actually necessary to obviously outline the aim of journey. Travelers ought to be capable to clearly articulate in a single or two sentences, but in addition be capable to increase if obligatory what they are going to be doing within the United States.

Grace Shie: Second, it is necessary to substantiate that the deliberate actions within the U.S. align with the visa classification. Through the examples that we simply gave, the excellence between enterprise versus work issues.

Morgan Bailey: Third, and we are saying this to purchasers on a regular basis, deal with the border inspection like a job interview. And which means getting ready prematurely, presenting your self professionally, and arrive centered. If you must take a couple of minutes earlier than you really undergo the border management, do this so that you just’re in a position to be clear and concise in your responses.

Grace Shie: Yes. And one other sensible tip, ensure the paperwork which are carried with the traveler on the traveler’s particular person through the journey assist, the paperwork assist the said function, assist how the traveler will reply questions by a border officer. And as these solutions are crafted, be aware of journey patterns as a result of frequency and length of these prior journeys matter.

Morgan Bailey: That’s proper, Grace. That one’s crucial. Another one is search authorized steering prematurely, particularly for reoccurring journey. It’s far simpler to plan proactively quite than to attempt to repair an issue after the very fact.

Grace Shie: So these solutions we have simply offered, they supply a robust set of guardrails for enterprise journey. And in addition they function a very good reminder that whereas scrutiny by US immigration authorities is growing, it is manageable with considerate, diligent planning.

Morgan Bailey: Exactly. Business journey ought to assist progress, not create pointless immigration publicity.

Grace Shie: So we hope this dialogue is useful as you look to construction or to reshape your immigration planning and journey planning for the US, whether or not for your self or in your group. That wraps up this episode of The Inside Track. Thank you for becoming a member of us.