Korean Air’s spokesperson announced on Tuesday (September 9th) that the company will dispatch a charter flight to Atlanta, United States as early as Wednesday night (September 10th) to repatriate Korean workers detained by the U.S. Immigration and Customs Enforcement (ICE).
The spokesperson mentioned that the Korean Air Boeing 747-8i aircraft with 368 seats will depart from Incheon, South Korea to Atlanta, Georgia before returning to Incheon.
The U.S. Department of Homeland Security (DHS) conducted a surprise inspection last Thursday (September 4th) at an electric vehicle battery plant invested by Hyundai Motor and LG Energy Solution, resulting in the arrest of 475 individuals, approximately 300 of whom are Korean citizens. ICE stated that these individuals were engaging in unauthorized work in the U.S., with many holding short-term or tourist visas that prohibit work.
South Korean Foreign Minister Cho Hyun traveled to Washington to negotiate the departure arrangements for the Korean workers with the U.S. authorities. The South Korean government hopes that these workers will leave the U.S. voluntarily rather than facing deportation, ensuring their legal reentry in the future. According to Yonhap News Agency, initially, the U.S. immigration authorities offered two options: immediate deportation with a five-year entry ban or a months-long detention for processing.
A senior diplomat who met with the detained Korean workers in Georgia informed Reuters that the South Korean government has initiated the process to bring back the workers to Korea.
The Korean workers are currently housed at the ICE detention center in Folkston, Georgia, approximately 428 kilometers from Atlanta. The incident at the electric vehicle battery plant took place in Bryan County, Georgia, near Savannah.
Charles Kuck, an immigration lawyer representing four Korean citizens in the case, mentioned that many of the detained workers were engaged in jobs permitted under the B-1 business visa, intending to stay in the U.S. for a few weeks, “never exceeding 75 days.”
Kuck stated, “The vast majority of Korean nationals detained by ICE are either engineers or involved in post-sales service and installation work.”
He highlighted that the machinery and equipment used in the Georgia battery plant are not produced by any U.S. companies, necessitating their import and on-site installation or maintenance from abroad. Training American employees to handle these tasks effectively would require approximately three to five years, as per Kuck.
While the U.S. and South Korean governments have not disclosed all the details regarding the workers’ visas, Rosemary Coates, the executive director of the Reshoring Institute, mentioned that it is common practice for foreign companies to send overseas employees to U.S. factories for set-up, followed by training American workers to save time and costs.
The B-1 business visitor visa allows foreign workers to stay in the U.S. for up to six months, during which they can be reimbursed for expenses while receiving their home country’s salary. Angelo Paparelli, an immigration lawyer in Los Angeles, indicated that although there are certain restrictions with the visa, such as overseeing construction but not personally engaging in it, individuals can perform equipment installation work if clearly stipulated in their contracts.
Additionally, South Korea is one of the 41 countries eligible for the U.S. Electronic System for Travel Authorization (ESTA). Rita Sostrin, an immigration attorney in Los Angeles, explained that through ESTA, individuals can enjoy visa exemptions by providing a “valid reason” for their visit to the U.S., essentially qualifying for up to a 90-day B-1 visa.
(This article referenced reports from Reuters, Yonhap News Agency, and “Politico” news.)