(GEORGIA, UNITED STATES) U.S. Commerce Secretary Howard Lutnick said Hyundai Motor Group should have called him to secure the “right visa” for its South Korean technicians before assigning them to work at the company’s massive EV battery plant site in coastal Georgia. The comment came days after an ICE immigration raid led to hundreds of detentions.
The September 4 operation at the under‑construction Hyundai‑LG Energy Solution facility in Bryan County detained more than 300 South Korean nationals and several non‑Koreans for alleged visa violations tied to unauthorized employment. The episode has stalled a $5.5 billion project that local officials had touted as a jobs anchor and has stirred debate over how the United States 🇺🇸 treats short‑term industrial specialists from allies like South Korea 🇰🇷.
Lutnick, speaking after the raid, stressed that many detained workers had entered on tourist visas, through the Visa Waiver Program using ESTA, or on B‑1 business visitor visas—categories that do not permit hands‑on work for a U.S. employer or payment of a U.S. salary. He said Hyundai, as a multinational with deep experience in global projects, should have used proper employment‑based channels and reached out if facing roadblocks.
The Commerce chief added he would have coordinated with Homeland Security Secretary Kristi Noem to troubleshoot visa issues in real time, signaling the Trump administration’s firm stance on worksite enforcement alongside an open door for companies that seek help before problems arise.
Developments and official responses
ICE processed the workers after the raid and held them for about a week. According to officials, most detainees accepted removal and flew home on a chartered Korean Air aircraft on September 12.
- One South Korean national chose to remain in the United States to pursue permanent residency through available legal avenues.
- Hyundai and HL‑GA Battery Company said they are cooperating with U.S. authorities, have launched an internal review, and reiterated a “zero tolerance” policy toward legal violations.
- Both companies pledged to strengthen compliance with U.S. immigration law across contractors and subcontractors.
In Seoul, President Lee Jae Myung criticized the raid’s scope and timing, warning that visible arrests of skilled technicians could chill future South Korean investment in the United States. South Korean officials have pressed Washington to improve processing routes for short‑term, specialized workers who install proprietary equipment, conduct training, or commission production lines.
On the ground in Georgia, construction has paused while Hyundai reevaluates staffing, compliance protocols, and contractor oversight. Company managers and state economic officials estimate a delay of at least two to three months due to the loss of specialized Korean expertise needed to calibrate and install high‑tolerance battery manufacturing systems.
“You can’t simply swap in any electrician or mechanic. These lines are built to millimeter specs, and the knowledge sits with the original teams,” one project adviser said.
VisaVerge.com reports that Korean firms operating in the United States have long struggled to secure enough work visas for niche technical roles, especially when projects require quick rotations of specialists who stay for weeks rather than years. Immigration lawyers say some companies have relied on B‑1 entries for “short‑term technical assistance,” a practice that risks crossing the line when tasks look like direct labor rather than meetings, supervision, or warranty‑covered installation guidance.
Visa rules at issue and practical fallout
U.S. law draws a bright line between business visitors and workers, and the difference matters.
- B‑1 visa / ESTA (Visa Waiver Program):
- Permits short visits for attending meetings, consulting, certain training, and narrowly defined installation/repair tied to a sale contract.
- Does not allow regular, hands‑on employment or receiving a U.S. salary.
- Stays: up to 90 days for ESTA; typically up to six months per B‑1 entry.
- No built‑in work authorization.
- Employment‑based visas:
- Require a petition, proof of specialized skills, and authorization to perform work for a specific employer.
- Often take months to obtain.
Officials pointed to the H‑1B category as the standard route for specialty occupations that require a bachelor’s degree or equivalent expertise. Yet employers across manufacturing say H‑1B is a poor fit for urgent commissioning teams because of the lottery, annual caps, and timing constraints. Demand far exceeds supply, and approvals can take months.
The Trump administration has maintained strict enforcement and has not expanded capped work visa numbers, increasing pressure on firms to plan far in advance—or rethink how they staff short‑term industrial tasks.
From the workers’ perspective, choices after the raid were stark. Detainees were reportedly told they could:
- Accept removal — often with a five‑year reentry bar.
- Contest the charges in immigration court, which can mean months in detention awaiting a hearing.
Most selected voluntary repatriation to avoid long detention while minimizing future immigration penalties. The lone worker who remained is pursuing routes that can include family‑based, employment‑based, or other qualifying avenues toward permanent residence, each with strict eligibility rules.
Compliance and company responses
For Hyundai and its contractors, the compliance checklist will now expand. Actions likely to become standard include:
- Internal audits verifying the status of every foreign national on site, including subcontractor and vendor staff.
- Site access systems that tie badging to verified I‑94 arrival records and underlying visa status.
- Mandatory pre‑deployment legal reviews for every inbound technical team.
- Clear written scopes that align permitted business visitor activities to the tasks performed on‑site.
- Escalation channels: if an activity shifts from “training and oversight” into hands‑on installation, the team must pause and reassess before proceeding.
The broader business fallout is visible:
- Industry groups say firms from allied countries are re‑examining U.S. timelines and costs, factoring in the risk of sudden staffing losses and enforcement actions.
- Some companies are asking vendors to expand U.S.‑based training programs to build a domestic pool of technicians.
- Others are exploring longer lead times to secure proper work visas for key roles, even if that slows project kickoffs.
Trade analysts warn that if companies perceive the rules as unpredictable—or if well‑intentioned teams are routinely tripped up by narrow interpretations—new investments may shift to jurisdictions where short‑term technical visas are easier to arrange.
Policy stakes for Washington and Seoul
The raid lands amid a larger policy conversation: How should the United States structure visas for short‑term industrial specialists while protecting U.S. workers and enforcing wage rules?
Lutnick’s message is two‑fold: strict compliance and early outreach. He has said major companies should escalate visa problems rather than push ahead with questionable entries, and vowed to facilitate contacts with Homeland Security when projects hit a bottleneck. Supporters argue this encourages transparency and prevents scenes like mass detentions at worksites.
South Korea’s government argues that rigid categories do not reflect modern industrial supply chains. Battery plants, chip fabs, and advanced auto lines rely on expert teams that move from site to site for commissioning and upgrades. Seoul wants a streamlined path for these specialists—perhaps a limited, short‑term work authorization tied to a specific project—so companies are not forced to choose between delays and risks.
Immigration lawyers caution any fix must preserve worker protections. A short‑term technical visa could include:
- Wage floors
- Strict project scoping
- Reporting requirements
It could be limited to allied‑nation firms in defined industries or capped numerically with fast adjudication. But without new tools, enforcement actions will likely increase as manufacturing investment grows and the demand for specialized installers, integrators, and trainers rises.
Practical steps companies can take now
- Build visa planning into project timelines from day one.
- Define scopes of work in writing and keep tasks within allowed business visitor activities when using B‑1 or ESTA.
- Use employment‑based visas for any hands‑on installation, production, or line commissioning work.
- Audit subcontractors regularly and require proof of status for every foreign national on‑site.
- Establish an escalation protocol to pause work and consult counsel when tasks change.
According to analysis by VisaVerge.com, the Georgia case is likely to become a reference point for future enforcement. With President Trump’s team emphasizing worksite compliance, firms that rely on hub‑and‑spoke technician rotations face a new reality: plan for proper work authorization or risk costly delays and reputational damage.
For travelers and employers seeking official guidance, the U.S. Department of State’s visitor visa page explains what business visitors can and cannot do, how long they may stay, and how the rules differ from employment authorization. See Business/Tourist Visitor Visa information on the State Department’s website for details about B‑1, B‑2, and ESTA rules, including the prohibition on employment and the 90‑day limit under the Visa Waiver Program: U.S. Department of State – Visitor Visas.
Ultimately, the Georgia raid underscores a simple, hard lesson: visas are purpose‑built. When the purpose changes—when a meeting becomes installation, or oversight becomes production—the visa must change too. Lutnick’s public offer to help, paired with strict enforcement, sets the tone.
- For Hyundai and its peers: expect earlier planning, tighter documentation, and asking for help before the first crate is opened.
- For workers: it means refusing tasks that cross the visa line, even under pressure to keep a project on schedule.
- For Washington and Seoul: it means working toward a lawful, practical route for the short‑term experts modern factories cannot run without.
This Article in a Nutshell
On September 4, ICE detained over 300 South Korean and other foreign technicians at the Hyundai‑LG Energy Solution battery plant in Bryan County, Georgia, for alleged visa violations tied to unauthorized employment. Commerce Secretary Howard Lutnick said Hyundai should have used employment‑based visas rather than B‑1 or ESTA entries for hands‑on technical work and offered to coordinate with Homeland Security to resolve visa bottlenecks. The raid halted construction on the $5.5 billion project, potentially delaying it by two to three months. Most detainees accepted removal and returned on a charter flight on September 12. Hyundai and HL‑GA pledged internal reviews, stricter compliance, and better contractor oversight. The case has prompted calls from Seoul for streamlined short‑term work authorizations for specialized technicians while officials and lawyers caution that any new visa path must preserve worker protections and wage standards.
