Korean Worker Detentions Revive Questions Over B-1 Visa Use

The detention and swift removal of hundreds of South Korean workers at a Georgia electric vehicle battery plant this month has reignited debate over the use of short-term business visas for activities that edge into unauthorized employment. The workers, many of whom had entered the United States on business visitor visas or under the visa waiver program, were assisting with equipment installation and project setup when U.S. immigration authorities intervened. Within days, most were returned to South Korea, prompting diplomatic concern and raising alarms about the chilling effect such enforcement actions could have on future investment in U.S. manufacturing projects.

The controversy highlights a longstanding tension in immigration law: the B-1 visa is intended for limited activities like meetings, supervision, or training, but the line between permissible “business”and prohibited “work” has often been contested. Companies argue that short-term technical roles are essential to launching major projects, while regulators view such practices as a circumvention of employment-authorized visas.

This is not a new issue. In 2013, the Indian IT firm Infosys faced one of the largest immigration settlements in history—$34 million—over allegations it used B-1 visas to bring foreign employees to the United States for work assignments that should have required H-1B visas. Although criminal charges were ultimately dropped, the case underscored how reliance on business visas for project-critical labor has long been scrutinized by U.S. authorities.

Without clearer rules or new options for short-term technical work, coupled with an enforcement-first administration in the White House, companies may reconsider testing the limits of business visas, or may avoid bringing manufacturing projects to the United States altogether.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.