For organizations employing international talent, ensuring that employees can enter or re-enter the United States without complications is crucial. U.S. Customs and Border Protection (CBP) officers conduct inspections at ports of entry to verify travelers’ identities, assess admissibility, and enforce immigration laws. Being well-prepared can prevent delays, denials, or other issues that may impact business operations.
Common Questions at U.S. Ports of Entry
CBP officers may ask a variety of questions to determine the legitimacy of a traveler’s entry. Common inquiries include:
- Purpose of Visit: “What is the reason for your trip to the U.S.?”
- Duration of Stay: “How long do you plan to stay in the U.S.?
- Accommodation Details: “Where will you be staying during your visit?”
- Employment Information: “Who is your employer, and what is your role?”
- Previous U.S. Visits: “Have you traveled to the U.S. before? If so, when and for how long?”
Providing clear, consistent, and truthful answers is essential. Discrepancies between verbal responses and documentation can lead to additional scrutiny or denial of entry.
Upon arrival at a U.S. port of entry, individuals intending to remain in the country for 30 days or longer must ensure compliance with registration requirements.
Documentation Requirements
Ensuring that employees carry the correct documentation can facilitate a smoother inspection process. Key documents include:
- Valid Passport: Must be valid for the duration of the stay.
- Appropriate Visa: Corresponding to the purpose of the visit (e.g., B-1 for business, H-1B for specialty occupations).
- Employment Verification Letter: Outlining the nature of the business activities, duration of stay, and affirming the employee’s position within the company.
- Supporting Documents: Such as invitation letters, conference registrations, or contracts relevant to the business purpose.
For visa waiver program travelers, an approved Electronic System for Travel Authorization (ESTA) is required.
Secondary Inspection: What to Expect
If CBP officers require further information, travelers may be directed to secondary inspection. This process involves a more detailed examination of documents and will generally include additional questioning. Reasons for secondary inspection can include incomplete documentation, inconsistent answers, and/or random selection.
During secondary inspection, officers may:
- Verify employment details and purpose of visit.
- Examine personal electronic devices, such as phones, tablets, laptops, for information relevant to admissibility.
- Consult databases for prior immigration history.
- Access personal social media accounts.
It is important for travelers to remain calm, answer questions truthfully, and provide requested documentation promptly.
Best Practices for Employers
To support international employees:
- Pre-Travel Briefings: Educate employees on what to expect during CBP inspections.
- Document Preparation: Assist in assembling necessary documents, including employment verification and invitation letters as well as travel itineraries and proof of accommodation.
- Legal Support: Provide contact information for legal counsel in case of complications during entry. This generally requires the preparation of Form G-28 prior to travel time
- Travel History Review: Advise employees to be familiar with their previous U.S. travel history, as inconsistencies can raise concerns.
Conclusion
Navigating U.S. port of entry inspections requires thorough preparation and understanding of CBP procedures. By proactively supporting international employees, organizations can minimize disruptions and ensure compliance with immigration regulations.
BHLG provides tailored legal support to help you navigate U.S. immigration with confidence.
Our immigration experts can:
- Guide you through the best visa option for your situation.
- Streamline your application process.
- Help avoid delays and legal pitfalls.
Let BHLG be your trusted partner in building your future in the United States.