When Business Travel Becomes Business Risk Navigating B1 and ESTA Travel in 2026

Grace Shie: Welcome to The Inside Track. My name is Grace Shie and I'm joined today with my partner Morgan Bailey. This is our first episode for 2026 and coming off a season of holiday travel, we decided to discuss trends that we're seeing in international travel for business visitors coming to the United States. About a year ago in spring of 2025, we began to see headlines about the type of heightened scrutiny taking place at U.S. airports for different traveler profiles. And while some of the media coverage has quieted on the subject, Morgan and I in our practice continue to hear and learn about the continued scrutiny that travelers receive. We're now in an era of enhanced vetting in US immigration. And so today we will focus on the type of scrutiny being applied to business travelers.

Morgan Bailey: What's striking is that this isn't just first time travelers. We're hearing this from senior executives, from founders, from long-term business travelers, who historically have had very smooth travel experiences. People who have been traveling to the United States for years without issue.

Grace Shie: So we're going to unpack what's happening when travelers arrive in the United States and go through immigration. And we're also going to share how businesses and travelers can plan intelligently around it. Business travelers coming to the United States travel either on a B1 visa, which is expressly designed for business visitors, or they come on ESTA, which is a program for travelers coming from visa waiver countries like the UK or Australia.

Morgan Bailey: And in December of 2025, the Department of Homeland Security published a proposal to update the ESTA process. This would include changes related to the collection of social media, as well as facial recognition and selfies. However, in general, it's important to really keep in mind that what we're seeing isn't a fundamental change in the law. It's a change in existing rules, really in how existing rules are being applied in the United States.

Grace Shie: Companies can be surprised when they assume that if nothing has changed on paper, the experience for their business travelers should look the same in practice. But that's not what we're saying.

Morgan Bailey: Exactly. The experience at US airports and other points of entry has evolved. We're seeing more referrals to secondary inspection.

Grace Shie: and secondary inspection being a more detailed review by U.S. border officers.

Morgan Bailey: That's right. And those referrals often aren't about one specific trip. They're about patterns. Officers are taking closer look at what business travelers are actually doing in the United States. And that's affecting people who wouldn't traditionally see themselves as high risk.

Grace Shie: So this isn't isolated as an immigration issue. For many companies and employers, this becomes a business continuity issue involving the traveler.

Morgan Bailey: Absolutely. New clients are reaching out to us because of these border disruptions. Essentially, they're starting to affect their deal timelines or leadership, travel, board meetings, and even client relationships. So while the issue shows up at the border, the impact is felt really around the business.

Grace Shie: Which helps explain why this is getting so much attention at senior levels across organizations, organizations that we work with. Right now, travel to the United States for many can feel unpredictable, even for experienced travelers.

Morgan Bailey: It's right, it can feel that way. But I think when you step back, there are some clear drivers. There's increased focus on making sure visitor classifications are being used properly, especially where the B1 or ESTA travel starts to look like employment. At the same time, border agencies now have much more visibility into travel history, as well as things like frequency and duration which makes patterns easier to assess.

Grace Shie: A common misunderstanding, Morgan, that you and I see across companies and travelers is that it involves what business visitors are allowed to do once they're in the United States. I think for most people, it's pretty clear that someone coming to the US on a business visa isn't allowed to study at University because we have student visas for that. And they're not allowed to accept a job with a US employer and go on payroll and get a W-2. That's pretty obvious. But there is some dis confusion about the activities that are allowed for business visitors and activities that are considered unauthorized work. There is a legal distinction between business and work. And while colloquially, we and many others use these terms interchangeably for US immigration purposes, business and work are distinct.

Morgan Bailey: That's exactly right. Business activities generally include things like attending meetings, negotiating contracts, consulting with clients, even things like attending conferences or participating in board level or strategic discussions. But what raises concerns is things that are considered work. And that might mean, for example, things that hands on operational activities. So managing teams or directing day-to-day operations, coding or selling directly or stepping into executive role, even if it's just temporary.

Grace Shie: And that distinction, as you and I know, can be subtle, especially, say, for a global executive who, because of her global role, has a US team that she supervises.

Morgan Bailey: That's right, it can be subtle, but from a border officer's perspective, the question is pretty straightforward. What will this person actually do once they enter into the United States? So titles matter far less than activities. If the activity could reasonably be performed by a US worker, that's where that scrutiny increases.

Grace Shie: It might help, Morgan, if we ground this discussion in a real world example. Why don't you share one?

Morgan Bailey: Sure. You know, we often see issues arise from imprecise language. So if a traveler says they're coming to the US to work, when what they actually mean is they'll be attending meetings or negotiations, that can invite extra scrutiny. Or if they say they'll be managing a project, when really they mean they'll be observing operations or offering high level guidance. These small differences in wording can make a big difference at the border and sometimes even lead to refusal.

Grace Shie: So as you can see, the activities themselves are important. I'll take a different example. An executive who's coming into the United States to attend leadership meetings, meet with her counterparts to discuss global strategy. These are classic business activities, very much the ones that Morgan just identified. Those activities are permitted for the B1 business visa holder or for the ESTA visa waiver traveler. Now contrast that with an executive who's planning to come to the United States to in fact manage a US team, for example, during a transition period, or they're coming to make operational decisions that impact the US enterprise. Those types of activities start to cross a line between what's permitted and what's not under a business visa.

Morgan Bailey: That's right, even if the intent is short term and well meaning, that begins to look like hands on work.

Grace Shie: And intent of the traveler alone doesn't resolve that tension. Officers aren't evaluating the motive of the individual. They're evaluating the activity, whether the activity in the US aligns with a specific visa classification, which in this case is the B1 for business visitors.

Morgan Bailey: And I think it's important to say this very clearly. In the United States, we don't recognize a digital nomad or a foreign employer remote work concept. Travelers are not permitted to work remotely from within the US, even for a foreign employer.

Grace Shie: So this also helps explain why we're seeing more scrutiny even for experienced travelers, especially those moving between different countries regularly, countries that do offer digital nomad visas, for example.

Morgan Bailey: Exactly. And the US approach is distinct. Companies that operate globally, sometimes think that things are going to be the same across jurisdictions. But the level of discretion at US ports of entry is different. And that's something businesses need to plan for.

Grace Shie: So based on the trends that we've seen develop over the past 10, 11 months, Morgan, the questioning by immigration officers today feels more focused on, I think what you and I refer to as consistency.

Morgan Bailey: That's right. Officers are comparing what travelers say against prior travel history. They also look at employer information and past entries. They're also looking at whether travelers understand the limits of their status. One thing I'd caution against is assuming that past smooth travel guarantees future smooth travel. Right now enforcement is evolving.

Grace Shie: And sometimes over explaining when you're standing in front of an immigration officer doesn't help the situation.

Morgan Bailey: That's exactly right. Overexplaining or using internal company jargon can unintentionally create confusion. It's better to have clear, accurate, and really disciplined explanations. Those tend to work best.

Grace Shie: So that brings us to planning. We talk a lot about advanced planning, but that can sound abstract. So what does it actually mean to practice, Morgan?

Morgan Bailey: At its core, it's about alignment. The traveler's role, the business purpose, and the visa classification all need to line up. And that documentation that's provided should also reinforce that purpose. Travelers should really understand both what they're authorized to do and what they're not.

Grace Shie: And at the company level, this is where we tend to see more sophisticated organizations take a different approach, an approach that leads to more successful travel experiences.

Morgan Bailey: That's right. Companies that manage this will treat business travel really as part of that broader global mobility and risk management strategy. They track travel patterns, coordinate across legal, HR, and business teams, and reassess visa strategy whenever, or let's say before, before issues arise rather than reacting after a problem at the border.

Grace Shie: So given the experiences of visitors to the US over the past year, what are you watching for this year in terms of developments?

Morgan Bailey: We're seeing continued movement towards data-driven enforcement, particularly around frequency and duration of travel. And there's also a greater reliance on digital records to really assess intent.

Grace Shie: So that sounds like more predictability, but less margin for error.

Morgan Bailey: Exactly.

Grace Shie: So as we like to do with our podcasts, let's close this episode with some practical takeaways for listeners. Why don't you start?

Morgan Bailey: First, it's really important to clearly define the purpose of travel. Travelers should be able to clearly articulate in one or two sentences, but also be able to expand if necessary what they will be doing in the United States.

Grace Shie: Second, it's important to confirm that the planned activities in the U.S. align with the visa classification. Through the examples that we just gave, the distinction between business versus work matters.

Morgan Bailey: Third, and we say this to clients all the time, treat the border inspection like a job interview. And that means preparing in advance, presenting yourself professionally, and arrive focused. If you need to take a few minutes before you actually go through the border control, do that so that you're able to be clear and concise in your responses.

Grace Shie: Yes. And another practical tip, make sure the documents that are carried with the traveler on the traveler's person during the trip support, the documents support the stated purpose, support how the traveler will answer questions by a border officer. And as those answers are crafted, be mindful of travel patterns because frequency and duration of those prior trips matter.

Morgan Bailey: That's right, Grace. That one's very important. Another one is seek legal guidance in advance, especially for reoccurring travel. It's far easier to plan proactively rather than to try to fix a problem after the fact.

Grace Shie: So these suggestions we've just provided, they provide a strong set of guardrails for business travel. And they also serve as a good reminder that while scrutiny by US immigration authorities is increasing, it's manageable with thoughtful, diligent planning.

Morgan Bailey: Exactly. Business travel should support growth, not create unnecessary immigration exposure.

Grace Shie: So we hope this discussion is helpful as you look to structure or to reshape your immigration planning and travel planning for the US, whether for yourself or for your organization. That wraps up this episode of The Inside Track. Thank you for joining us.