
An International Travel Checklist for U.S. Employers
'Corporate travel managers have what's known as a 'duty of care obligation': a fiduciary responsibility to ensure their employees' whereabouts, safety, and compliance with federal requirements,' says Vik Krishnan, senior partner at McKinsey who advises companies in the aviation and travel sectors. 'No travel manager wants trouble for any employee, so they set rules that account for the lowest common denominator of risk.'
That's much more complicated when baseline risks are elevated and rules and requirements change by the day. President Trump's new travel ban is a prime example. As of June 9, citizens of 12 countries, including Iran, Somalia, and Afghanistan, are banned from visiting the U.S., while those from seven other nations are facing restrictions.
More changes could be in store, says Malcolm Goeschl, principal attorney for Goeschl Law, a San Francisco-based firm that specializes in business immigration advice. 'It would not be surprising if new travel bans are announced in the future that are broader in scope, that is, applying to more nationalities or classes of individuals,' he says. Indeed, as of this writing, reports suggest that the administration is now considering banning as many as 36 additional countries, the majority of which are in Africa.
As organizations navigate an increasingly unpredictable global environment, experts recommend building a checklist that covers both technical and people-related travel policies. Here's how to get started.
Clarify which employees are working under temporary authorization
Getting a clear picture of your U.S.-based workforce—including which employees are on sponsored visas or short-term work status and monitoring any upcoming renewal deadlines—is a helpful place to begin. 'Most companies already track this information, so considerations in this environment aren't necessarily more onerous than what's already standard,' says Krishnan.
Goeschl also recommends advising foreign nationals on staff who may have status violations to speak with the company ahead of any travel. Anyone who isn't a U.S. citizen and has had legal issues, whether criminal like a D.U.I. or a non-criminal offense, could have difficulty coming in and out of the country. This could also apply to visa-holders who've spoken out about political issues, either in the press, in social media, or elsewhere, Goeschl adds. 'Reach out to foreign nationals and make sure they know what to expect, including their rights—or lack thereof—at ports of entry.'
Establish a framework for weighing the necessity of each trip
Krishnan recommends putting in place a process to evaluate travel opportunities based on how essential the trip is and whether there are other ways to meet the same need. In other words, he says: 'Is this trip customer-facing and critical to top-line growth—and is being there in-person going to make the difference between winning a contract or losing it to a competitor?' Or could a Zoom meeting suffice?
Other factors come into play, like equity and fairness, Krishnan adds. Consider two sales managers: one holds an American passport that allows them to travel freely, while the other holds a passport from another country that might not afford the same privilege. 'Are both being given equal access to do their jobs and reach their potential?'
The solutions are not always straightforward, and leaders need to be flexible. Krishnan likens the situation to what happened during the Covid-19 pandemic when some borders were open while others closed. ' Companies had to adapt: tweaking reward mechanisms, making one-off adjustments, even redrawing territorial jurisdictions to ensure employees had equal opportunity.'
Brief employees on entry requirements and provide guidance on potential challenges
If employees are visiting the U.S. for business, they're required by law to have proper documentation, which could include a visa or a valid Electronic System for Travel Authorization (ESTA), depending on the country of origin.
Border control agents have always had the authority to deny visitors who didn't have the required paperwork, and companies should prepare employees for edge cases, such as the possibility of being turned away at the border due to stricter enforcement, says Krishnan. 'What used to be seen as low-probability scenarios are now part of the planning process,' he says. 'Companies are taking an abundance of caution.'
Indeed, amid growing geopolitical tension, international travel can be more complicated for some employees, Goeschl notes. For instance, people from places with strained relations with the U.S. might encounter difficulties at the U.S. border. Even employees from visa-waiver countries can run into trouble with U.S. immigration authorities, he adds.
Goeschl advises developing guidelines to help employees know what to expect when traveling, including any complications they might face, even if the risk is low. Outline the company's support structures, such as legal resources and HR contacts to help employees if their status is questioned or travel policies change. And offer direction on how to prepare for border screening.
Some companies might be reluctant to share this kind of information, worried about causing panic. But there are real risks—like employees having their phones seized and inspected, Goeschl says. It's important to prepare, and bear in mind that the situation is evolving.
Devise contingency plans for policy shifts affecting travel
Many companies routinely bring in their top leaders from around the world for internal meetings in the U.S. But if those employees suddenly can't get into the country, you'll need a Plan B.
'Smaller meetings are easier to relocate, but certain meetings and conferences—just based on the scale, the number of visitors, number of hotel rooms needed, and logistics—are relatively hard to repot,' says Krishnan.
When travel is necessary, leaders can often find ways to manage the risk. Approaches vary, says Goeschl. Leaders might, for instance, route employees through cities like Dublin, where they can go through U.S. immigration before they board their flight. That way, problems are addressed on the front end, not after they've flown halfway around the world, says Goeschl.
The new travel ban adds to the complexity. The ban prohibits visitors to the U.S. from Afghanistan, Myanmar, Chad, the Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The order also puts heightened restrictions on visitors from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
The travel ban is narrower in scope than those attempted during Trump's first term, Goeschl notes. It does not restrict people from those countries who are green card holders, currently in the U.S., or already have a valid visa to the U.S. Still, Goeschl says the new rule underscores the importance of securing visas ahead of time for employees to reduce the risk of being affected by future bans. Goeschl says he's also observed more ESTA applications being denied or delayed, so he recommends submitting them well in advance, too.
Balance cautious awareness with practical decision-making
Organizations need to be pragmatic and aware that some staff could face issues at U.S. borders, like being detained or turned away. But experts also stress the importance of staying calm. 'On an individual risk-adjusted basis, most travelers face minimal risk,' Krishnan says.
And being overly conservative isn't always the best approach. 'That's kind of like a doctor telling you not to leave the house without a hazmat suit and a mask and goggles during flu season,' Goeschl says. 'It's important for leaders not to be too paranoid, because that could impact their ability to do business.'
Goeschl recommends planning thoughtfully without letting fear take over. Your goal as a leader is to find the sweet spot between caution and practical decision-making.
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