Heavy vetting: Tighter US entry checks
Increased scrutiny at US borders calls for the highest duty of employee care, says Manish Daftari, Partner at Vialto Partners
Now more than ever, international business travellers face significant levels of increased scrutiny upon arrival at US ports of entry. A new vetting regime was triggered by the January 20 Executive Order 14161 “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”.
Our team at Vialto Partners annually supports over one million business travellers, including nearly 250,000 trips into the US alone. We have seen emergency calls from corporates double in the past month, with most related to entry issues, given those detained are often refused the right to a phone call.
Prior to the current administration, documentation such as ESTAs (Electronic System for Travel Authorisation) generally provided a sufficient level of assurance for short term visits to the US. However, under the latest Executive Order, such verification may fall short of satisfying the current administration.
Stay informed
Employers and employees travelling abroad should be fully cognisant of the screening process and compliant with the latest standards. Under the new provisions, federal agencies are now empowered to employ more rigorous background checks, which ultimately will extend processing times and, in some cases, based on individual assessment, deny entry into the US.
Nationals from certain “high risk” countries that are deemed to possess deficient vetting and screening information may eventually be subject to a travel ban. While there have been numerous reports that the administration was planning to impose a travel ban, none has come to fruition. However, the administration has not ruled out implementing a travel ban in the near future.
Be prepared
Within an environment of heightened security and travel anxiety, it’s imperative that employers are aware of the changing US political landscape. They must implement a rigorous approach to facilitating the travel and care of their staff upon entry.
Under the US Customs and Border Patrol’s (CBP) expanded policy, agents may inspect and confiscate electronic devices, including laptops and cell phones. While the Fourth Amendment protects against “unreasonable searches,” the border is considered an exception. As such, employers are now providing travelling staff with emergency support from immigration professionals in the event they are subject to additional questioning.
Some employers are equipping their employees with B-1 visas, as opposed to ESTAs. Unlike ESTAs, the B-1 document affords holders a longer duration of stay beyond 90 days and a greater flexibility of travel purposes that are not permissible under the ESTA programme, including the possibility of an extension.
As the US administration continues to enforce a strong vetting process, we are anticipating anxieties to gradually stabilise once travellers have a better understanding of what to expect when questioned by US Customs agents.
The evolving norms around travel and admissions, and the regime that will proceed, will be one which demands the highest duty of employee care and hyper focused due diligence.
