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Updated on 07.04.2025

Visa question of the month - Current travel advisories for the US

Your question: In the media, we are increasingly hearing about problems, baggage checks and deportations at the US border or difficulties with visa applications. What can we do to best prepare our employees for their visa application and entry into the USA?

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Your question:

In the media, we are increasingly hearing about problems, baggage checks and deportations at the US border or difficulties with the visa application process, which make us feel seriously worried. What can we do as a company to best prepare our employees for their visa application and entry into the United States?

Our answer:

Since US President Donald Trump took office in January 2025, there have been increasing reports in the media about more intensive controls at US borders, including deportations and detentions. Combined with the new Trump administration's statements on US immigration law, this has understandably led to uncertainty among many travelers.

We do our best to provide an objective overview of the current situation at the US border and the visa application process at US consulates.

First of all, it should be noted that the legal provisions in US immigration law that apply to business travelers, technicians or expats, for example, have not (yet) changed. This applies to both the entry regulations and the application procedures for US visas and ESTA.

Although numerous (possible) tightening measures in this direction were introduced at the beginning of Trump's second term in office by presidential decrees, concrete legal implementation in these areas has not (yet) taken place.

There is concrete speculation about the following measures:

1. Travel Ban 2.0

For some weeks now, a possible reintroduction of the visa issuance and entry ban for certain countries and their nationals, which has already been imposed once, has been under discussion. A decision on this matter was expected as early as March 2025. To date, however, there have been no official announcements as to whether there will be a new entry ban at all and which countries could be affected.

There has recently been speculation about a list of more than 40 countries that could be affected by various entry restrictions. These countries are to be divided into three categories:

  • red (severe restrictions)
  • orange (moderate restrictions)
  • yellow (minor restrictions)

There is only one European country on this list of countries, which has not yet been officially confirmed: Belarus. It is currently unclear whether and, if so, in what form a visa / entry ban will be implemented for which countries.

2. America First

This motto was and is a central guiding principle of US President Donald Trump's policy. It states that the interests of the United States should come first in all political, economic and diplomatic decisions.

In the first term of office, this guiding principle – also known as the "Buy American and Hire American" policy – was incorporated into the Foreign Affairs Manual, i.e. the U.S. Department of State's instructions for consular staff. This led to a more intensive review of US work visa application procedures in particular (e.g. E-2 visas) – not only in US consulates worldwide, but also, for example, for work authorization procedures though U.S. Citizenship and Immigration Services (e.g. L-1, H-1B etc.). This resulted in a – albeit not dramatically – higher rejection rate.

So far, the principle revoked by former US President Joe Biden has not yet been re-implemented in immigration regulations – although this is likely to happen in the future.

Bild von einem Flughafen in den USA
Cases in the media

The main people affected by entry problems are US travelers who operate in a kind of legal grey area. In future, these people should be prepared for "zero tolerance" from the US authorities. This includes, for example

  • purposes of stay that cannot be clearly assigned to a visa category or
  • individuals planning illegal activities in the USA or attempting to enter the country by making false statements.

The current reports about the fates of US travelers or people with US visas are still isolated cases, which unfortunately also occurred in the past. What has changed, however, is the quality of the measures, which reflects the above-mentioned 0% tolerance limit of the current US government.

The scenario of weeks of deportation detention, refusal of entry or deportation may understandably increase your uncertainty or that of companies. However, the majority of travelers to the United States will not be affected by this in the future, provided of course that all immigration law requirements are met.

Hand luggage

Searches of (hand) luggage or electronic devices (e.g. cell phones or laptops) have been common practice for years. However, this is still subject to certain conditions, for example if there is reasonable suspicion that the person is making false statements or planning illegal / criminal activities.

Social Media

The same applies to the request for social media information, which is required for ESTA and visa applications. These are used by the US authorities primarily for security checks with regard to possible criminal or illegal activities.

In this context, the increasing number of reports about people who have been refused or revoked US visas, denied entry or deported from the US due to critical comments made on social media is certainly worrying. This is due to an executive order issued by Donald Trump, which states that foreign nationals with a "hostile attitude towards the United States or its culture" or with "suspected sympathies or support of terrorist organizations" are not welcome in the United States.

According to media reports, US Secretary of State Marco Rubio has issued an internal directive to US consulates worldwide, which to date "only" affects F, J and M visa applicants, i.e. students and participants in exchange programs. According to this directive, US consulates will in future have to check certain applicants for these visas more closely with regard to social media information online. One of the main aims of the increased social media checks is to prevent people from entering the US who are suspected of criticizing the United States and / or making pro-Palestinian statements, for example.

For F, J and M visa holders in the US, this may mean that their visas will be revoked. Rubio stated that approximately 300 visas have already been revoked in the United States, many of them from students who participated in campus protests against Israel's military operation in Gaza.

It remains to be seen to what extent these measures could be imposed on applicants for business or work visas (B-1, E-2, L-1 etc.) in the future.

Practical insights

At present, we have not observed any (negative) change in the decision-making process of the US authorities based on the feedback of our clients. However, it is more important than ever to prepare US visa applications carefully and to be prepared for possible changes that may occur at any time.

As a specialized US visa service provider, we naturally keep an eye on all legal developments. However, thanks to the numerous daily reports from our applicants at US consulates around the world, we are able to find out directly when (decision-making) processes change at the US authorities and can react immediately.

So far, the legal provisions in US immigration law have not changed. However, they are being implemented more strictly and consistently. For most travelers, entry into the United States remains unproblematic as long as all information regarding the purpose of stay is truthful and consistent and the required documents are complete.

To avoid potential problems and ensure the safety of your employees, careful preparation is essential: those who adhere to the applicable regulations, are well prepared and rely on professional help in case of uncertainties can still enter the US without major difficulties.

Recommendations for action

You can take the following measures to prepare your employees for the entry situation in the best possible way:

  • Careful preparation of travel documents
    It must be ensured that all travel documents are complete and up to date. Employees must have correct and valid US visas for their specific travel purpose (or a valid ESTA authorization). Even minor discrepancies can be problematic. Employees should be prepared to explain the purpose of their trip clearly and convincingly. Depending on the purpose of the stay, supporting letters can be issued.
  • Honest and consistent information
    Give your employees instructions on how to provide truthful and accurate information when entering the country (including, of course, during the visa application process). Contradictory or unclear statements to US border officers should be avoided. Linguistic misunderstandings can also lead to problems. Depending on the purpose of their stay, travelers must be prepared for more intensive questioning, for example in the aforementioned "grey areas".
  • Compliance with data protection
    It is advisable to inform employees that baggage and electronic devices may be checked on entry. As explained, only very few travelers to the USA are affected by this. Nevertheless, travelers can check in advance what sensitive data is stored on their electronic devices and minimize any unnecessary information before their trip. It is recommended not to store any sensitive data directly on the devices and to use encrypted cloud services for important business information. Taking devices with content that could be interpreted as problematic (e.g. work documents when entering the country for tourism or content that could be interpreted as sympathy for certain organizations) should be reconsidered. For example, social media accounts with content that is supposedly problematic for the US authorities can be set to "private".
  • Compliance with US laws
    Train your staff as to what type of activity is legally possible under immigration law with the respective residence status (visa / ESTA).
    Tourist visas or entry via ESTA, for example, do not entitle the holder to take up employment, even if it is only for short-term support at the US location.
  • Information on longer or repeated stays
    Frequent and long stays in the United States, which exceed the maximum permitted duration, can lead to problems when entering the country. This applies in particular to entry via ESTA or with B-1 business traveler visas. Of course, this does not affect people with US work visas or green cards.
  • Keep yourself informed
    The immigration law situation can change quickly. Keep yourself and your staff informed about current developments.
  • Use professional support
    Take advantage of our expertise for a smooth visa application process and for the safe entry of your employees into the USA. Our US Visa Consultants will assist you with all questions relating to visas and entry requirements and will keep you informed of any changes. Please contact us if you have any questions.

Date:

Updated on 07.04.2025