More than 300 Koreans who had been arrested and detained at the joint battery construction site of Hyundai Motor and LG Energy Solution in Georgia arrived in Korea on the afternoon of the 12th. But corporations remain on edge because the types of visas that do not run afoul of U.S. immigration authorities' crackdowns on illegal stay and employment are not clear.
According to the industry on the 12th, of the 257 people detained — 47 from LG Energy Solution and 210 employees of LG Energy Solution partners — 50% held short-term business (B-1) visas. The rest entered the United States under the Electronic System for Travel Authorization (ESTA).
According to the U.S. Department of State's Foreign Affairs Manual (FAM), B-1 visa holders may install, commission, maintain, or repair equipment manufactured or purchased overseas, or provide education and training to local employees. It is illegal to be paid by a U.S. employer to engage in production or to perform labor at a construction site, but it is permissible to supervise or train on architectural or construction work.
Because many of those arrested were installing battery equipment, it may be difficult to say B-1 visa holders acted illegally. An industry official said, "We typically conduct a legal review before dispatching employees to the United States, but the arrest of even B-1 visa holders has caused significant confusion in the industry."
Another industry official said, "There is a gray area even with the B-1 visa. If a result is produced during the process of test-running equipment, there is room to judge that production occurred in the United States. The scope of work should be clarified by visa type."
There are also calls to clearly define the scope of ESTA. ESTA can be issued remotely, and a stay of up to 90 days at a time is allowed over two years. Until now, short business trips for noncommercial purposes, brief meetings, and contract discussions have been conducted by entering under ESTA.
An industry official said, "Because it takes a long time to obtain employment visas such as the B-1, we have used ESTA for urgent business trips. The business purposes applicable to ESTA should be specified, or a visa that can be issued in a short period as an alternative to ESTA should be prepared."
Corporations plan to refrain from business trips until the Korean and U.S. governments conclude discussions on visa issues. If the U.S. government does not change its visa enforcement standards, Korean employees could be arrested again. LG Energy Solution plans to decide on personnel to be dispatched to the United States after reviewing the status of discussions between Korea and the United States.
A business community official said, "We are closely watching how the visa negotiations will unfold," adding, "We only hope that clear visa guidelines will be established in light of this incident."