Hyundai Raid Offers Warning on Short-Term Visas for Global Firms

A massive raid by federal agents at a Hyundai electric vehicle battery plant is giving multinational businesses a wake up call on using visa programs to bring employees in for temporary rotations in the US.

The raid, dubbed Operation Low Voltage by the Trump administration, led to the arrest of 475 people on the site of a manufacturing plant under construction outside Savannah, Ga. Of that group, about 300 were South Korean nationals performing work for a project in which the Seoul-based auto manufacturer has invested billions.

The Department of Justice said federal agents identified hundreds of unauthorized workers but the government hasn’t said what specific violations allegedly took place. Bloomberg News reports and statements from attorneys though indicate that many of the Korean employees entered the US through B-1 visitor visas or the Visa Waiver Program, known as ESTA.

Both allow for only short-term entry to the US and come with major restrictions on business activities that foreign employees can pursue. Even if workers hadn’t violated restrictions on those programs, the raid is a warning to other companies, said Ahran Kang McCloskey, of counsel at Porter Wright Morris & Arthur LLP, where she advises firms on global mobility programs.

“Whether or not that’s the situation that happened down there, companies should be reviewing their immigration compliance programs,” she said.

Eligibility for Business Visas

Both the B visa category—which also includes a B-2 tourist option—and visa waiver program allow for temporary stays for business and recreation purposes.

While the ESTA option puts more limits on authorized stays in the US, the barriers to entry are lower for those from qualifying countries.

In addition to South Korea, citizens of just 40 countries are eligible for the visa waiver program, which allows them to skip a consular interview and travel to the US after registering online and paying a nominal $21 fee.

Qatar was most recently added to eligible countries in 2024, although the Trump administration has taken steps to designate Argentina for the program before pausing those plans.

Travelers from any country can qualify for a B visa but must attend an interview and pay a $185 fee. They can stay in the US for up to six months with an option to extend after approval by immigration officials.

For visa waiver program participants, the entry window is even shorter—just 90 days with no extension option. Overstaying the authorized entry period can mean users are disqualified from visas in the future.

Limits on Work Activities

Although both options allow travel for business purposes, both the B-1 and visa waiver programs significantly restrict the work activities of users. They can’t earn income from any sources in the US, for example. But they can attend business meetings or conferences, negotiate contracts, discuss potential investments, and participate in litigation.

State Department guidelines also allow for B-1 users to travel to the US for installation or repair of machinery and equipment bought from companies outside the US. And they can supervise or train workers involved in building or construction work, but not actually do that work themselves.

The restrictions on business activities set those programs apart from employment-based temporary options like H-1B specialty occupation visas or L-1 visas for transfer of executives and high-skilled workers already employed at a company outside the US.

But those programs can pose their own challenges for businesses looking to move fast on new investments. Availability of H-1B visas are limited under a numerical cap and L-1 petitions must demonstrate a worker is either a manager or has specialized knowledge.

A Homeland Security spokesperson said the raid sends an “unequivocal message: those who exploit our workforce, undermine our economy, and violate federal laws will be held accountable.” But neither DOJ or DHS responded to questions about specific immigration violations that were identified at the Hyundai plant.

Workers at the Georgia site began constructing an electrical battery manufacturing plant earlier this year, the result of a $7.6 billion investment by the auto giant and Seoul-based LG Energy Solution that would require specialized knowledge on site.

The vast majority of South Korean employees detained at the site entered the US on B-1 visas and were doing work allowed under the program, said Chuck Kuck, an Atlanta-based immigration attorney at Kuck Baxter LLC.

“This was the construction of a battery plant using equipment that we do not manufacture in the United States,” he said. “The ad hoc justification for this, if it wasn’t tragic, would be hilarious.”

Past Immigration Violations

Hyundai said in a statement that it’s closely monitoring the situation, but said none of the workers detained were directly employed by the company.

“We are reviewing our processes to ensure that all parties working on our projects maintain the same high standards of legal compliance that we demand of ourselves,” the company said. “This includes thorough vetting of employment practices by contractors and subcontractors.”

The Hyundai plant isn’t the first Korean battery manufacturer to be targeted for alleged immigration violations.

Under the first Trump administration, Customs and Border Protection revoked the Visa Waiver Program authorization for South Koreans connected to a plant run by SK Battery America. Tech firms have also faced allegations that they’ve used the B-1 visa program to improperly circumvent the numerical cap on H-1B visas.

Amid a wider immigration crackdown by the Trump administration, the Georgia operation should push businesses to scrutinize global mobility programs, said Düden Freeman, a former State Department consular officer and founder of Idelire Consulting LLC.

“People really need to make sure they’re doing everything by the book,” she said.