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You couldn't work on a B-1/ESTA visa, but now you can?… Korea announces it as a success of the visa working group meeting
The core issue in the Hyundai Motor-LG Energy Solution immigration enforcement case is not whether B-1/ESTA holders are permitted to work in the U.S., but rather the accumulated reports against them.
The first meeting of the ‘Visa Working Group’ is held in Washington, D.C. on Tuesday the 30th to prevent a recurrence of the detention of South Korean nationals in Georgia. September 30, 2025 [Provided by the Ministry of Foreign Affairs]
South Korea’s Ministry of Foreign Affairs stated in a press release that South Korea and the United States held a Visa Working Group meeting following the detention of South Korean workers in Georgia, during which they reaffirmed the legitimacy of B-1 visas and ESTA (Electronic System for Travel Authorization).
The Ministry of Foreign Affairs announced, "The U.S. side reaffirmed that our companies can utilize B-1 visas for the installation, servicing, and repair of equipment purchased from overseas as part of their investments in the U.S., and that the same activities are permissible under the visa-waiver ESTA program as they are for B-1 visa holders."
Some point out that this announcement may create a misunderstanding, as if the U.S. has changed its policy to allow work that was previously prohibited under B-1 or ESTA status. The emphasis in the published material is on "reaffirmation," not "legitimacy."
According to current U.S. immigration regulations published by the U.S. Department of State, entering the country on a visitor visa is permitted if the individual is coming to "install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States, or to train U.S. workers to perform such services." - Refer to 9 FAM 402.2-5(E)(1) (U) Commercial or Industrial Workers clause.
In essence, the conclusion is that nothing regarding the U.S. position or regulations changed during this Visa Working Group meeting.
Current regulations also add, "However, in such cases, the contract of sale must specifically require the seller to provide such services or training, the visa applicant must possess specialized knowledge essential to the seller’s contractual obligation to perform the services or training, and the applicant must receive no remuneration from a U.S. source."
Another section of the same regulation states, "Provided, however, that this provision does not apply to applicants who intend to perform building or construction work on-site or at a factory. Exception is made for applicants who apply for a B-1 visa to supervise or train other workers engaged in building or construction work, but who do not actually perform such work themselves."
The press release did not indicate whether there was any mutual understanding or change regarding this specific aspect.
Yonhap News reported, "However, there is lingering skepticism about whether this measure can completely eliminate business uncertainty in the U.S., as it appears to be a resolution of certain pending issues rather than an institutional fix."
From the outset, the immigration crackdown on the Hyundai Motor Group and LG Energy Solution battery plants was not fundamentally about whether South Korean workers could legally work in the U.S. on B-1 visas or ESTA. The core issue stemmed from cumulative reports and the subsequent investigations into them.
The immigration enforcement authorities launched the crackdown because they determined that illegal activities had occurred based on various reports. In addition to ICE, the immigration enforcement unit, the government agencies involved included Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service (IRS).
It is known that reports involved not only illegal employment issues, such as the hiring of undocumented workers, but also various criminal activities including assault after drinking, drug trafficking, prostitution, and kidnapping.
Specifically, the fact that some workers who joined the LG labor union participated in an anti-American protest held at Times Square in New York at the end of July has also been mentioned. Under the second term of the Trump administration, participation in anti-American protests is grounds for visa revocation and deportation.
Eugene Cheon, a preliminary candidate for the U.S. House of Representatives for Georgia's 1st Congressional District, stated in a live interview with News & Post that when he visited the Savannah area, he was asked by an immigration agent to identify individuals through photo comparisons.
The authorities were verifying whether employees who had participated in anti-American protests were working at the Georgia plant site.
It is being pointed out that the South Korean government's attempt to steer public opinion by framing this solely as a visa issue, despite the crackdown involving multiple complex problems, is merely an attempt to exploit the situation for domestic politics.
Some have raised concerns that the Lee Jae-myung administration may be stoking anti-American sentiment regarding the U.S. government’s lawful enforcement of the law.
U.S. NNP = Representative Journalist Sung Ku Hong / Special Correspondent NNP info@newsandpost.com
NNP=Hong Seong-Gu More by this author
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이재명정권과 그 하수인들의 집단히스테리컬한 반미행태는 시진핑에게 보내는 러브레터로 보인다. 베풀어 주신 하해와 같은 은혜에 보답하기 위해서 이렇게 열심히 반미하고 있다는 절절한 러브레터. 국제정치현실을 모르고 날뛰는 유치한 홍위병들과 그들을 무조건 지지하는 더 많은 안타까운 개돼지들의 향연이다.
본사태외에도 트명회담의 실패 때도 반미운동의 시발점이 되겠다는 우려는 일반국민입장에서도 쉽게 예상된 것이었다. 앞으로 더 심각해질 반미선동이 있을 것이다. 그로해서 한미동맹에 균열이 생기고 트럼프의 세계전략에 맞서는 좌파정부의 행태는 위험한 안보상태를 수반하게 될 것이다.