About 300 Korean workers have been arrested and detained at the joint Hyundai Motor Co.-LG Energy Solution factory being built in Georgia, U.S., bringing the need to improve the visa system back into focus. Business circles have for years complained about difficulties in dispatching personnel and demanded measures such as securing visa quotas, but efforts were blocked by opposition in the U.S. Congress and what they say was indifference from the Korean government, leaving no progress.
Corporations point to the visa system as one of the root causes of the recent detentions. Korean corporations are increasing investment in the United States, but personnel sent there have not been able to obtain appropriate visas and have handled work using the Electronic System for Travel Authorization (ESTA) or B1 short-term business visas. In principle, these visas do not allow people to work locally, and the United States has this time taken issue with that.
Business groups have been calling since the early 2010s for securing a U.S. professional visa quota (creation of an E-4 visa). Foreign workers need professional employment (H-1B) or intra-company transferee (L1·E2) visas to work legally on site, but the number issued is limited and the procedures are complicated, creating great uncertainty in personnel supply and demand.
In particular, it is difficult for engineers from partner companies who are essential for local plant construction, such as mechanical, electrical and software engineers, to obtain H-1B visas. The United States limits annual H-1B visa issuance to 85,000, and even then those selected by lottery number only about 2,000 Koreans each year.
A representative of an economic organization said, "The countries that currently secured quotas specified visa allocations in their agreements when they signed FTAs before 2005," and added, "Korea missed the timing because its FTA agreement came late in 2007, and later, in the process of pursuing legislation led by the private sector, it failed to overcome opposition from the U.S. Congress."
Countries that signed free trade agreements with the United States, such as Australia (10,500), Singapore (5,400) and Chile (1,400), secured quotas with special visas derived from the H-1B.
The U.S. Congress and labor groups have opposed expanding foreign professional visas on the grounds that it could lead to reduced domestic employment. Their logic is that changing the system as Korean corporations request would increase dispatched Korean personnel without creating jobs in the United States. The U.S. position is that Korean corporations should increase employment of Americans.
Critics say the Korean government and National Assembly were passive in responding while the U.S. Congress remained negative about expanding foreign professional visas. The Korea International Trade Association and the Korea Chamber of Commerce and Industry met with U.S. congressional officials to convey visa-related difficulties and to consistently argue for the need to secure visa quotas, but government and National Assembly interest and support were relatively lacking, they said.
A representative of an economic organization said, "Visa issues are matters for the government to take the lead on, so both the Ministry of Foreign Affairs and the Ministry of Trade, Industry and Energy share responsibility," and added, "Holding briefing sessions in Korea to hear corporate opinions has not been very effective."
The government said it has been consulting with the U.S. side on visa issues using various channels, including the Korea-U.S. summit. Cho Hyun, who is visiting the United States to manage the aftermath, is set to begin full-scale visa discussions as Minister of Foreign Affairs, while the Ministry of Trade, Industry and Energy plans to review the visa system with corporations and prepare improvement measures.