Understanding U.S. Law Through the Korean Worker Deportation Case – U.S. Correspondence by Jay Lee (158)

Short-Term Visas and Work Limits: Crossing Boundaries Considered Illegal Employment

When Building Factories in the U.S., Review Tasks, Duration, and Visa Types in Advance

FSMA Enforcement Also Tightening—Manufacturers Must Beware of Sanctions

By Jongchan Lee, CEO of J&B Food Consulting

Recently, a major immigration and labor law crackdown took place at the Hyundai–LG battery assembly plant in Georgia, where hundreds of Korean workers were arrested and deported. This incident goes beyond the issue of migrant labor; it also carries important implications for industries like food manufacturing, which are deeply tied to global supply chains and foreign investment.

Many dispatched employees had entered the U.S. under B-1 visas, ESTA (visa waiver), or other short-term stay permits. These visas are generally meant for “visits” and only allow limited activities under specific conditions. When actual work—such as installation, calibration, or machine setup—exceeds the permitted scope, it is deemed unauthorized employment.

With Korean companies increasingly building factories in the U.S., temporary staffing for production line installation, quality inspection, and other tasks has become common. However, it is critical to review job scope, visa type, and stay duration in advance with proper legal counsel.

In Korea, the incident has been politicized, with some arguing that the U.S. has treated its ally too harshly. But this also reflects a lack of understanding of U.S. law. Unlike Korean law, which is highly detailed, U.S. regulations set broad frameworks, and enforcement is not always consistent. For years, Korean companies have sent staff under ESTA without issue—but the U.S. is now enforcing its laws as written. It is not that Hyundai was singled out because it is a Korean company; rather, the U.S. has been ramping up immigration enforcement broadly, targeting undocumented or unauthorized labor regardless of nationality.

The same logic applies to U.S. FDA laws. Since the introduction of the Food Safety Modernization Act (FSMA), importers have been required to implement the Foreign Supplier Verification Program (FSVP). Initially, many overlooked or ignored the requirement, thinking enforcement was lax. But FDA crackdowns have intensified, and more U.S. importers are being placed on Import Alert lists, prohibiting entry of their goods.

FDA has also been conducting routine inspections of overseas manufacturers. Some companies underestimate the seriousness of these audits, but inspections now often last 3–5 days. If deficiencies are found, manufacturers risk being added to Import Alert lists, effectively banning their exports to the U.S.

In Korea, logistics companies have begun offering FSVP IOR (Importer of Record) services, but many lack a proper understanding of the law. This trend feels like another “time bomb” waiting to explode.

A simple analogy illustrates the difference between Korean and U.S. legal culture: In Korea, there are traffic cameras everywhere, but fines are low. In the U.S., there are no such cameras, but if caught by a highway patrol officer, fines are steep. Understanding these differences in enforcement philosophy is key to reducing risk when exporting to the U.S.

Feel free to contact us

jay@jnbfoodconsulting.com or 714-873-5566

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