Home United States Traveling to the United States: these new rules that could lead employees...

Traveling to the United States: these new rules that could lead employees to refuse missions

1
0

American authorities will require an unprecedented amount of personal information for visitors entering visa-free under the waiver program, such as Union European nationals. The stakes directly involve professional mobility: hundreds of thousands of Europeans, including many expatriates working for international companies, could be faced with this new screening. The German weekly Der Spiegel has examined the consequences for these travelers.

Since December 2025, according to the official US government journal, travelers will have to provide a wide range of data. The text includes the collection of “social media activities from the past five years, phone numbers from the past five years, email addresses from the past ten years, IP addresses, metadata from electronically submitted photographs, information about family members including names, phone numbers, dates and places of birth, and places of residence.” A measure that will affect both tourists and professionals entering the US with ESTA, the electronic authorization that allows certain travelers to enter the US without a visa for a short stay.

For European expatriates working in international groups, the question quickly becomes a legal one. In 2024, about 2 million German visitors traveled to the US, of which 16% were for business, nearly 320,000 people, the magazine explains. If the rules come into effect in 2026, each business trip may require a prior risk assessment for the employer.

German labor law specialist Kathrin Vossen considers the situation delicate for companies: “For now, I lack the imagination to see an employer’s interest strong enough to justify such a deep intrusion into employees’ privacy.” Companies will now have to balance commercial imperatives and privacy protection.

Some situations could even become insoluble. If an employee fears that their political opinions or online activities could attract American authorities’ attention, sending them on a mission could become a headache. In reality, an employer cannot force an employee to board a plane. As the lawyer sums up, as controls tighten, each business trip to the US could become a negotiated choice rather than a mere formality.