Six days after Korean workers in Georgia in the United States were detained, they have been released and are going through repatriation procedures, but concerns remain about disadvantages such as reentry restrictions due to voluntary departure.
According to the industry, more than 300 Korean workers who were arrested and detained at the Hyundai Motor Group–LG Energy Solution joint plant in Georgia are scheduled to depart for Korea at 2:30 p.m. on the 10th local time (3:30 a.m. on the 11th Korea time). They were released from detention early in the morning, traveled more than four hours by car to Atlanta Airport, and were said to be boarding a Korean Air chartered flight.
The final number of passengers on the charter flight has not yet been confirmed, but most are said to hope to return home through voluntary departure. Inside the detention facility, under the cooperation of U.S. Immigration and Customs Enforcement (ICE), the government conducted consular interviews to confirm their intention for voluntary departure.
The government said it is consulting with the U.S. side to ensure there are no disadvantages going forward, but concerns about reentry restrictions persist. Although it will not leave a record of forced removal (expedited removal or removal order) that restricts or forbids reentry, there is a view that entry ban rules could apply depending on the fact of unlawful presence and immigration status.
The Korean workers detained this time mainly used the visa waiver Electronic System for Travel Authorization (ESTA) and the short-term business visa (B-1), and the length of stay allowed by ESTA and the B-1 visa is three months and six months, respectively. If the period of unlawful presence exceeds 180 days, reentry is restricted for three years, and if it is one year or more, for up to 10 years. The visa screening process could also become more stringent upon reentry.
There are also concerns that employment, job changes, assignments, and study abroad could affect the workers' careers. Uncertainty related to reentry into the United States could become an obstacle to qualification requirements demanded by domestic and overseas corporations and schools. For technical jobs with frequent overseas site assignments, such as structural framing, electrical work, and equipment installation, opportunities to leverage experience could decrease.
Business travelers or employees who remain on site are equally anxious. After the incident occurred, the company announced immediate return or staying at accommodations depending on visa status and work conditions. Among them, those with B-1 visas are said to be staying at their accommodations and monitoring the situation until it is resolved.
The LG Energy Solution research and office workers' labor union said in a statement the previous day, "Employees issued B-1 visas who remain on standby at accommodations will have significant concerns," and added, "We are consulting with the company so that those issued B-1 visas, not ESTA, can also return immediately." It continued, "Reporting to the corporation will not be instructed because continuing work at this point is a risky act."