Gov. Kemp Breaks Silence on Hyundai Raid, Urges Visa System Reform

(GEORGIA, UNITED STATES) Georgia Governor Brian Kemp has broken his silence on the recent Hyundai-LG immigration raid, backing the detentions of foreign workers while pressing for visa system reforms that he says would give businesses clearer rules. Speaking after a new $223 million investment announcement by Korean firm JS Link on September 8, 2025, Kemp said the ICE raid at a Hyundai-LG project site exposed deeper flaws in the current visa setup for short-term assignments. His message was blunt: enforcement will continue, but Washington must fix a system that often confuses companies that are bringing investment and jobs to the United States.

The action, which focused on alleged misuse of short-stay travel permissions by Hyundai and LG personnel, has rattled many firms expanding in Georgia and across the country. According to analysis by VisaVerge.com, the incident shows how quickly routine business travel can become a legal crisis when border rules, consular guidance, and worksite realities do not align. The case underscores a simple point with high stakes: if a foreign employee’s activities on U.S. soil look like work, that person generally needs work authorization, not a visitor stamp.

Kemp’s stance walks a careful line. He defended the ICE raid as a lawful response to potential violations while urging federal policymakers to modernize visa categories that do not match today’s complex supply chains and project timelines. Hyundai and LG have voiced concern about the detentions and the uncertainty surrounding short-term placements, noting the heavy compliance load they already carry. Federal agencies have stood by the enforcement action; USCIS has not announced any policy changes tied to the incident.

What the raid exposed

• Short-stay travel permissions can be misused when consular guidance and on-site needs diverge.
• Business travel that appears to be performing hands-on work is treated as employment by investigators.
• The margin of error is thin for firms operating high-tech manufacturing sites, especially in EV and battery supply chains.

“If a foreign employee’s activities on U.S. soil look like work, that person generally needs work authorization, not a visitor stamp.” — Key takeaway from legal and compliance analysis

Rules, realities, and the gray zones

B-1 business visitors and Visa Waiver Program travelers (via ESTA) can attend meetings, negotiate contracts, and observe training — but they cannot perform hands-on production or skilled labor in the United States. Immigration counsel warns that even brief “helping out” at a plant can cross the line into unauthorized employment. That line is precisely where investigators focus, and where respected brands can face serious trouble.

Large projects—especially auto and battery factories—rely on engineers, installers, and technicians from overseas HQs and suppliers. These teams come in waves, often for days or weeks, to ramp up production lines, calibrate equipment, or solve defects. When the wrong status is used, government investigators may treat the visit as unauthorized employment. The Hyundai-LG case shows how business needs and visa terms can collide with high stakes.

Kemp said the current rules create contradictions that “slow down or scare off” investment. Georgia has worked for years to attract Korean manufacturers and suppliers, building a reputation for predictable permitting, workforce programs, and transportation links. That makes the ICE raid particularly sensitive for local officials, who must protect the rule of law while proving to foreign investors that Georgia remains a reliable place to build.

Enforcement vs. modernization — two parallel tracks

The policy debate is moving on two tracks:

1. Enforcement continues where agents see clear breaches.
2. Industry and state leaders press for clearer guidance and faster options for short-term technical work.

Business groups want federal agencies to publish clearer examples of what B-1 and ESTA visitors may do inside factories and on job sites, and when they must shift to work visas. They also want faster, more predictable options for quick-turn projects so companies avoid trying to fit hands-on tasks into categories never meant for work.

Practical implications for companies

For employers assessing risk, the lessons are direct:

• Short-term visitors may attend meetings, oversight sessions, or planning workshops.
• They should not install, test, or repair equipment; run production; or produce deliverables for a U.S. customer while on a visitor record.
• Crossing that line can result in site inspections, detentions, bars on future entry, and sudden downtime.

Companies can reduce exposure by adopting a strict triage at planning:

1. Define tasks. If a team member will touch tools, calibrate machines, or run trials that affect output, assume a work visa is required.
2. Check the right petition path. Many employers file Form I-129 for categories like H-1B or L-1, which may allow premium processing.
3. Keep precise records. Document who is on site, why, for how long, and under what status.
4. Run internal audits to catch slippage before the government does.

Hyundai and LG say the paperwork demands feel built for long-term relocation, not short, task-based visits that last days. That tension is acute during factory launch phases where equipment vendors rotate teams quickly. Any confusion can compound when groups use different statuses.

Immigration officers’ perspective

Immigration officers emphasize that the rules are clear: visitors cannot do productive work. They argue enforcement protects U.S. workers and the integrity of the system. Critics accept those goals but say the line between “observation” and “hands-on” is too thin in modern factories, and that clearer, modern examples would help.

Visa categories at issue

• B-1 (business visitor): Limited activities such as meetings, contract talks, and site visits — not production or direct services.
• ESTA (Visa Waiver Program): Same limitations as B-1 for short-term travel.
• H-1B: Specialty occupations requiring at least a bachelor’s degree or equivalent.
• L-1: Intracompany transfers for managers, executives, or workers with specialized knowledge.

Employers placing someone in H-1B or L-1 status generally file Form I-129 with USCIS. The B-1 “in lieu of H-1B” practice is narrow, risky, and varies by location — many counsel advise against relying on it for factory work.

HR should also enforce onboarding controls:

• Complete Form I-9 Employment Eligibility Verification within required timelines.
• Track nonimmigrant status end dates and travel that could disrupt I-94 records.
• File amendments when roles or worksites change.

Consular processing uses the DS-160 online application for most nonimmigrant visas. For some nationalities, visa-free travel via ESTA exists, but again, not for hands-on work. Trips that begin as meetings can slide into operational help once a project hits a snag — and that is where problems arise.

Immediate business responses after the ICE raid

Common steps multinational employers are adopting:

• Pre-clear every task: label each activity visitor-appropriate or work-related.
• Centralize vendor and subcontractor oversight: require proof of status for anyone sent to a U.S. site.
• Use checklists and training: teach site managers the difference between “observe” and “do.”
• Keep real-time logs: track who is on the floor, the purpose, and status with dates and duties.
• Run periodic audits: catch drift early, especially near equipment commissioning or product launch.

Cultural shift: instead of relying on short visits under ESTA or B-1 for urgent fixes, firms are building buffer time to secure petitions — typically filing Form I-129, using premium processing, and planning for consular waits. Some expand U.S. hiring pools for specialized roles to reduce visa friction.

Human and community costs

Detention and repatriation are stressful for workers and can derail careers and family plans. Companies lose trusted experts at pivotal moments, while local teams face production delays and overtime. These ripple effects harm communities as projects stall and local hiring pauses.

Business groups warn that continued confusion could chill investment. They call for a “no surprises” environment where companies can plan with confidence and emergency fixes have a legal, rapid path. Kemp’s message mirrors that call: enforcement plus modernization to protect both the law and Georgia’s economic momentum.

Where policy stands now

• USCIS has not released new guidance; Congress remains divided on broader immigration reforms.
• Pressure is building from state leaders, business coalitions, and compliance professionals for clearer examples for factory and tech settings and faster processing for short-term work.
• As of September 18, 2025, no official changes have been announced; expectations center on discussion rather than immediate action.

Proposals business advocates float include clearer activity lists for B-1 and ESTA at industrial sites, targeted pilot programs for rapid project support, and faster petition processing for narrowly defined assignments. Progress depends on federal negotiations and the broader political climate.

Practical playbook for employers

• Assume technical help is work, not a visit.
• Pick the right status early and file the proper petition.
• Train teams to spot and stop risky tasks.
• Keep spotless records: roles, dates, and site locations.
• Audit vendors with the same rigor used for employees.

The legal stakes remain high: a single misstep can cause site disruptions, employee detentions, or multi-year bars from the U.S., and damage trust with federal agencies needed for future petitions.

Broader implications and next steps

Korea’s role in Georgia’s economy makes this moment particularly sensitive as firms weigh travel plans against compliance risk. Kemp’s message—that Georgia welcomes investment while expecting strict adherence to federal rules—aims to balance both priorities. Whether Washington delivers clearer, faster options will shape how that balance looks in the months ahead.

In the meantime, supply chain leaders are recalibrating:

• Building larger U.S. technical teams to reduce reliance on fly-in experts.
• Shifting training offshore so U.S. visits remain within visitor boundaries.
• Investing in compliance technology to track status, dates, and tasks in real time.

These moves add cost but can prevent far higher costs from unexpected worksite visits or halted production.

Compliance can’t be an afterthought. It must be baked into project plans, vendor contracts, and site management to reduce the risk of enforcement actions and keep projects running smoothly.

Key links and forms

• Form I-129 Petition for a Nonimmigrant Worker (H-1B, L-1 and others): https://www.uscis.gov/i-129
• Form I-9 Employment Eligibility Verification (for all new hires): https://www.uscis.gov/i-9
• DS-160 Online Nonimmigrant Visa Application (for consular processing): https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html
• Official information on worksite enforcement and employer compliance: U.S. Immigration and Customs Enforcement: https://www.ice.gov

The Hyundai-LG immigration raid stands as a warning that visitor travel is not a back door to factory floor work, no matter how brief or urgent the task. It also signals to policymakers that visa categories must catch up with modern global production. Georgia will keep recruiting investment; firms will keep building compliance programs; and federal officers will keep enforcing existing rules. How federal agencies and lawmakers respond will determine whether enforcement and modernization can be balanced to support both the rule of law and ongoing economic growth.