Short-term Dispatch of Korean Workers: Navigating the Borderline Between B-1 and ESTA
A battery factory site near Savannah, Georgia. On September 4, 2025, the largest immigration raid in U.S. history, based on a single worksite, took place here. According to the Department of Homeland Security, 475 people were arrested that day, and many of them were confirmed to be South Korean nationals. The factory was a joint venture in which Hyundai Motor and LG Energy Solution invested $4.3 billion, and a significant number of those arrested were engineers dispatched from their headquarters for equipment installation and trial operation. Immediately after the incident, the South Korean government chartered a plane to repatriate over 300 of its citizens, and both countries quickly sat down at the negotiation table.
The results of these consultations are gradually appearing from late 2025 to early 2026. In the span of seven months, the B-1 visa fact sheet has been updated, a new counseling window has opened at the U.S. Embassy in Seoul, and a bill to create a new visa category has been reintroduced in the federal Congress. The repercussions of the incident have spread across three levels simultaneously: diplomatic agreements, institutional channels, and legislative attempts. As an attorney who has represented executives of Korean companies in New York and New Jersey, I intend to calmly examine the content and limitations of this agreement, as well as its practical implications felt on the ground.
◆ B-1 and ESTA: The Structure of Their Narrow Gate
“The wording of contracts is narrow, and the work on the ground is broad.”
The B-1 visa was originally designed for commercial visitors, paired with the B-2 visa for tourism. Typical use cases include consultations, attending conferences, negotiating contracts, market research, and participating in academic meetings. A fact sheet updated by the Department of State on January 27, 2026, specifies a narrow exception related to industrial sites. B-1 visas may be used for visiting to install, service, or repair commercial or industrial equipment or machinery purchased abroad, or to train U.S. workers in such functions. However, the sales contract must explicitly state the seller's obligation to provide services, the visitor must possess unique knowledge essential for such work, and no compensation should be received from a U.S. source. The criteria are even more stringent for construction sites. Only supervising or training other workers is permitted; directly engaging in construction or assembly work would cross the line for a B-1 visa at that moment. The ESTA Visa Waiver Program applies the same work criteria, merely omitting the consular interview process.
The length of stay also differs. B-1 status allows for a maximum of six months, while ESTA has a 90-day limit, and extensions or changes in status are generally not permitted. The legally complex point of the Georgia case lay on this boundary. While the work itself, such as installing factory equipment and test runs, could in principle fall within permissible activities, the on-site enforcement was applied much more narrowly, leading to the determination that some workers‘ tasks went beyond ‘installation supervision' into the realm of 'direct labor.' The line for what constitutes productive labor in immigration law is often determined by on-site photographs and work logs rather than wording on paper. A mixed work pattern, where the same engineer conducts training in the morning and then engages in direct assembly in the afternoon, is the most dangerous configuration. Regulations are sentences, but enforcement is a scene, and only when the two languages align does the law protect the worker. Even if the contract wording is brief, a day on-site is long and multi-layered. The most simple yet effective way to preempt misunderstandings on-site is for the legal team and the on-site manager to sit down together before dispatch and itemize the actual work flow hour by hour.
What the January 2026 agreement changed and what it didn't
“The regulations haven't changed; only the interpretation has become clearer.”
The U.S. Department of State and the Ministry of Foreign Affairs of the Republic of Korea officially reconfirmed in early October 2025 that Korean companies can dispatch short-term personnel to U.S. sites using B-1 visas or ESTA. According to the Ministry of Foreign Affairs of the Republic of Korea, the two countries formed a working-level consultative body following a meeting between Foreign Minister Cho Hyun and U.S. Secretary of State Rubio in September 2025, held their first meeting in Washington on September 30, and have been refining detailed guidelines by meeting alternately in Seoul and Washington. The Ministry of Foreign Affairs of the Republic of Korea stated that in the working-level consultation held in January 2026, the qualifications were further clarified with the addition of a ‘specialized trainer’ item to the B-1 fact sheet. The two countries also codified in writing the specific scope of work, such as equipment installation and testing, the necessity of service clauses in sales contracts, and the principle of not receiving remuneration within the United States.
There is something that must be clearly distinguished at this point. This agreement is not a new law, but a document that clarifies the interpretation of existing regulations. The regulations themselves have not been loosened, nor has the scope of permissible work expanded. Rather, it is an attempt to reduce confusion on the ground by specifying what is permissible and what constitutes a violation. From a corporate perspective, this document can be used as a case study to refine dispatch plans. Specifically, the concept of a ‘specialized trainer’ appears to be intended for cases where headquarters engineers provide intensive training for short periods during the initial commissioning phase in the semiconductor, battery, and shipbuilding sectors. To fall under this category, the training target, duration, and materials must be documented and presented to the consulate. Conversely, production work disguised as ‘training" that does not meet these requirements still carries a high risk of being classified as a violation. The density of documentation is the density of legality. It is advisable to include the name and job title of the training recipient, the training schedule, the completion criteria, and the return schedule after the dispatch period ends in the dispatch plan. This is because the common question during consular interviews ultimately concerns who is being taught and for what purpose. The wording of the fact sheet is concise, but the burden of proof behind that conciseness is by no means light.
The Reality of Seoul's New Window, the KIT Desk
“The door didn't get wider. Only the door frame was exposed.”
Institutional channels have also been established. The U.S. Embassy in Korea officially launched the Korean Investment and Travel Desk (KIT Desk) on December 5, 2025, after a pilot operation that began in October 2025. The initial target of operation is known to be major investing companies in the U.S., such as Samsung, LG, Hyundai, SK, and Hanwha, and their partners. According to data from the Ministry of Foreign Affairs of Korea, the KIT Desk already processed hundreds of visa cases during its pilot operation period, and a path has been officially opened for original major companies to apply for travel visas on behalf of their partner company employees. In Seoul, a visa system review task force, led by the Ministry of Foreign Affairs, is being mobilized to reorganize consular interview schedules, document preparation guidelines, and management standards for dispatched personnel.
However, let's be clear about this. The KIT Desk is solely an application support and consultation service, not an organization that creates new visa categories. The review criteria remain the same as before, and the final decision-making authority still rests with the consulate. While priority consultation has been secured for major corporations, this does not guarantee visa issuance. For engineers from small and medium-sized partner companies to benefit from this channel, robust dispatch contracts with the prime contractor must be in place. Furthermore, the KIT Desk is only a point of contact in Seoul; how Department of Homeland Security officials interpret the boundaries of B-1 permissible activities at the U.S. port of entry remains a separate issue. Receiving a visa stamp from the consulate does not automatically guarantee passing entry inspection at the airport. CBP officers have the discretion to determine the purpose of entry and the planned duration of stay, and there is an increasing number of cases where supporting documents such as copies of sales contracts, proof of accommodation, and return flight tickets are requested. A long corridor still lies between visa issuance in Seoul and the execution of duties on the ground. In fact, word from the industry is that there have been instances where individuals, after receiving assistance from the KIT Desk for visa issuance, were turned away during secondary inspection at the airport. The system begins in Seoul, but the verification ends at the gates in Atlanta and Newark. The final step of entry and exit still rests on the discretion of the on-site inspector, and it is up to the dispatched individual to persuade them.
◆ Why is the new visa category so far away?
“Administration breeds interpretation, but Congress paves new paths.”
What the South Korean government truly desires is a solution on an entirely different level. The ‘Partner with Korea Act,’ repeatedly introduced in the U.S. Congress since 2019, was reintroduced in the 119th Congress as House Bill H.R. 4687. It was presented to the House on July 24, 2025, and is currently pending. This bill proposes the creation of an E-4 visa category for skilled Korean professionals, with an annual cap of 15,000. Separately, H.R. 5534 proposes adding Korea to the E-3 specialized researcher visa program, which is currently only available to Australia. Both bills, if passed, would bring about fundamental changes, encompassing long-term skilled employment rather than just short-term assignments.
However, it has been reported that during discussions held in Washington in January 2026, US officials informed the South Korean Ministry of Foreign Affairs that fundamental changes would be difficult due to legislative constraints. While administrative reinterpretation might be possible, the creation of a new visa category still requires a decision from Congress. This is not merely diplomatic rhetoric. The Immigration and Nationality Act (INA) stipulates visa categories by law, meaning that new visas cannot be created solely by presidential executive order or State Department directive. Legislation related to immigration in Congress is deeply mired in partisan gridlock, and there are few precedents for bills targeting a single country, not as part of comprehensive immigration reform, being passed. Although the "Partner with Korea Act" has been reintroduced multiple times, it has never proceeded to a floor vote. The personnel management plans of South Korean companies are likely to continue focusing on finding the optimal combination between B-1/ESTA and L-1/H-1B for the time being. Medium- to long-term personnel plans that assume a new visa category are merely hopeful variables and it is too early to consider them as decisive factors. The door to legislation remains half-closed from afar. It is important to remember that the time it takes for a single document to pass through Congress is far longer than the time it takes to build a factory. Within the gap where policy speed fails to keep pace with industrial speed, companies and lawyers must repeatedly consider designs that allow them to endure with the tools currently available.
Closing remarks
The practical lessons from the past seven months since the Georgia incident are straightforward. Engineers traveling between the Korean headquarters and the U.S. subsidiary are safest when they clearly document the type of visa they hold and the work they will be performing. Before dispatch, it is crucial to verify that the service provisions in sales contracts, the duration of the assignment, the entity responsible for salary payments, and specific roles on-site all fall within the permissible scope of a B-1 or ESTA visa. For personnel planning long-term assignments, the general principle is to pursue separate visa paths such as the L-1 intra-company transfer visa or the H-1B specialty occupation visa, or, depending on the circumstances, E-1/E-2 investor visas. Since each visa has different requirements regarding length of stay, renewal conditions, and spousal employment eligibility, it is safer to establish an organizational immigration roadmap in advance rather than focusing on individual employees. If family accompaniment is planned, employment eligibility for spouses (such as L-2, H-4 EAD, etc.) and the children's school enrollment schedules must be coordinated to ensure continuity of life.
This agreement, along with the KIT desk and new fact sheets, doesn't pave new roads but rather clarifies the contours of an existing one. By operating within those contours, scenes like that early September morning in Savannah will not be repeated. Investment by Korean companies in the U.S. is spreading across the board, encompassing semiconductors, batteries, shipbuilding, and pharmaceuticals, and consequently, engineers and their families will increasingly make the journey across the Pacific. With few gaps in the system, the only option is to increase the density of preparation. Even for short-term assignments, reviewing the dispatched worker agreement with a lawyer and setting the scope of on-site work in writing should no longer be an option but a standard procedure. September in Georgia may be over, but the questions of that day still remain. These are questions about what language of regulation can be used by those wearing work clothes in factories across the Pacific to describe their work. Having the language to answer those questions will be the most important preparation for Korean company employees stationed abroad for the time being. The law is always one step behind, but preparation can always be one step ahead.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
Law Offices of Jin D. Cho
NEW YORK OFFICE (Flushing) 35-24 154th Street, Flushing, NY 11354
(t) 718-353-2699 (f) 718-353-8132
NEW JERSEY OFFICE 560 Sylvan Avenue, 3Fl., Englewood Cliffs, NJ 07632
(t) 201-449-0009