Employers are typically most concerned with the actions and activities of their employees while they are on the job, drawing a clear line between their employees' private time and working time. Employers with foreign national workers or business visitors, however, must be concerned with how their foreign workers actually get to the US. If an employee cannot get to the US, employers may:

US immigration law includes several steps that employers, foreign workers who are coming to work in the US, and business travelers who are coming to the US for business meetings or conferences, must navigate before the travelers may lawfully enter the US to perform their intended activities. These steps are meant to ensure that each foreign national entering the US has a valid purpose and is not barred because of health, criminal or immigration problems.

Each of the steps required for entry and admission to the US of foreign workers or business travelers may present a challenge to the employer and the traveler. Employers must identify the correct nonimmigrant visa classification for the worker or business visitor and may need to sponsor a worker through a nonimmigrant visa petition. Travelers may need to obtain a nonimmigrant visa or, if traveling under the visa waiver program, pre-approval for visa-free travel called ESTA. Travelers seeking to enter the US must present the correct documents and must have no health, criminal or immigration problems that might prevent their entry to the US.

Practical Law Company has a number of resources that examine the challenges employers face with foreign workers or business travelers. These resources provide an explanation of each step employers and foreign travelers to the US should undertake and offer tips for handling particular situations that may confront the employer or traveler. For more information, see the following resources: