South Korean workers, who were released after being arrested and detained by immigration authorities, board a Korean Air charter flight at Hartsfield-Jackson Atlanta International Airport in Georgia on Thursday, the 11th. Sept. 12, 2025 [Yonhap News]

Out of 317 South Korean nationals detained during an immigration raid at the construction site of the Hyundai Motor-LG Energy Solution joint battery plant in Georgia on Thursday the 4th, 316 were released on Thursday the 11th and have departed for South Korea.

With concerns mounting over the potential for deportation proceedings and negative impacts on U.S.-South Korea trade agreements, there is a sense of relief in South Korea that almost everyone was "released."

However, experts point out that it is too early to say "it is all resolved," as significant challenges remain.

Immigration consultant Lucy Ortiz, who has been directly and indirectly involved in the situation locally, stated in a phone interview with our publication that there is still much work to be done.

Immigration consultant Lucy Ortiz [KakaoTalk profile photo]

She first mentioned the two workers who were known to be green card applicants.

According to Ortiz, one worker who decided to stay had married a U.S. citizen and received a work permit after applying for permanent residency. This individual was able to remain in the country to continue the green card process.

The other individual, also undocumented, had married a U.S. citizen but had not yet obtained a work permit or filed for permanent residency. This worker ended up returning to South Korea after signing voluntary departure documents without fully understanding the consequences.

Ortiz explains that because this worker was undocumented, signing for "voluntary departure" could result in a 10-year ban on re-entry. Had the individual not signed, they might have been able to proceed with the green card process; instead, they are now separated from their spouse living in the U.S.

Experts also point out that workers who entered under visa-free programs like ESTA or short-term travel/business visas (B1/B2) have effectively admitted to being "illegal workers" by signing the voluntary departure documents. It remains unclear how visa officers will judge their cases if they attempt to re-enter the U.S. in the future.

On Wednesday the 10th, Foreign Minister Cho Tae-yul stated that the U.S. had provided assurances that the approximately 300 South Koreans detained by immigration authorities would not face disadvantages when re-entering the U.S. in the future upon their return home on the 11th.

However, Ortiz commented, "I cannot rely on words alone. We will only know for sure once these individuals actually attempt to re-enter and are successfully admitted, right?"

When the workers who returned to South Korea wish to re-enter the U.S., they will need to obtain a valid work visa, such as an E-2 (employee) or L (intra-company transferee) visa. U.S. regulations leave visa issuance and border entry entirely to the discretion of individual officers, meaning it is not a matter that the government can strictly guarantee.

Ortiz noted that visa issues began to emerge as early as 2022. She reported an increasing number of instances where workers who entered under the Visa Waiver Program (ESTA), worked for nearly 90 days, and returned home—repeating this process three or four times a year—were eventually denied entry.

Industry experts agree that a fundamental solution requires the creation of a separate visa category specifically for technical personnel working for overseas investment firms.

Following this incident, the South Korean government announced that it is negotiating with the U.S. to resolve visa-related issues. Woo Sang-ho, Senior Secretary to the President for Political Affairs, stated, "As a result, we have achieved a breakthrough where we can proactively address visa issues through bilateral negotiations between the U.S. and South Korea."

The immediate problem, however, is that developing a new visa program will take a significant amount of time, likely at least a year. Due to this crisis, construction at the HL-GA battery plant has come to a complete halt, making disruptions to Hyundai Motor's mass production plans inevitable.

Furthermore, as tariff negotiations between South Korea and the U.S. continue to stall, South Korea is currently subject to a 25% tariff on automobiles. This places a heavy burden on Korean companies, especially since Japan has completed its tariff negotiations, securing a reduction to 15%.

Even if the workers who were repatriated were to return to the U.S. construction site, the visa issuance process alone would require at least two months.

On the 10th, President Donald Trump offered to allow the detained South Korean workers to remain in the U.S. to continue their work.

Reportedly, Secretary of State Marco Rubio, who met with Foreign Minister Cho, conveyed President Trump's proposal for the "skilled South Korean workforce" to stay and continue working while training local staff, rather than returning home.

The intent was to effectively implement a legal solution for the visa issue immediately.

However, Minister Cho reportedly responded, "Our citizens are extremely shocked and exhausted, so it would be better for them to return home first and then return (to the U.S.) to work later." Secretary Rubio reportedly respected this position, and the agreement was made to proceed with their return.

While the charter flight departing from Atlanta airport on the 11th brought an end to a tumultuous week, there remain mountains of challenges to address both on the ground and between the two nations.

U.S. NNP = Lead Reporter Sung Ku Hong / Special Correspondent info@newsandpost.com