LG Used Visa Waivers Before Crackdown on Korean Workers in US
South Korea’s LG Energy Solution had been relying on visa waivers for years to send workers to the US. This approach started well before Donald Trump’s return as president and a sweeping immigration crackdown that recently led to the detention of hundreds of its workers. Internal documents show that LG used the Electronic System for Travel Authorization (ESTA) programme to bypass lengthy and often unsuccessful US business visa procedures.
The visa workaround reflects ongoing difficulties faced by South Korean firms. These companies, including LG, argue that securing short-term visas for specialised technicians has been an uphill battle. Their high-tech manufacturing projects in the US require skilled professionals to set up and maintain complex equipment.
Massive Immigration Raid at LG-Hyundai Plant
The situation escalated earlier this month when US immigration officials carried out a major raid. Over 300 Korean nationals, including 250 LG workers and contractors, were detained at an LG-Hyundai car battery factory in Georgia. This was the largest immigration enforcement operation ever conducted by the US Department of Homeland Security.
The raid, which included footage of workers in shackles, sparked outrage in South Korea. The country remains one of the US’s key Asian allies and a significant investor in the American economy.
Although the Trump administration has signalled plans to revise visa rules to better support Korean investment, many companies remain wary. Repeated use of ESTA waivers, instead of securing B-1 business visas, poses significant risks.
LG Guidelines Advised ESTA Use to Avoid Visa Denials
Documents from August 2023 reveal LG’s internal travel guidelines. These instructed employees and subcontractors to use ESTA for short visits, rather than applying for B-1 visas. Many applications for these visas had been denied, leading the company to recommend ESTA for trips under one month.
The guidelines also offered tips for smooth customs interviews. Workers were told to dress smartly, carry letters of invitation, and avoid using the word “work,” which could raise red flags during immigration checks. They were also cautioned not to overuse ESTA, as frequent visits lasting up to three months could lead to entry denials.
US authorities say those detained had either overstayed their visas or performed work outside their authorisation. However, an immigration lawyer representing some of the LG workers insists they operated within legal limits. The workers have since been released and returned to South Korea, where they received warm welcomes.
Legal Grey Areas and Calls for Visa Reform
LG has defended its practices, stating that B-1 visa denials also made applicants ineligible for ESTA, further limiting their options. In March 2024, the company updated its policies, clarifying that ESTA should only be used for short-term or one-time assignments. For longer trips, appropriate visas such as B-1 or L-1 were recommended.
While ESTA permits stays of up to 90 days, B-1 visas allow up to six months. Both restrict the nature of work allowed. Around 44% of the detained LG workers were travelling on ESTA, according to South Korean lawmaker Han Jeong-ae.
US State Department guidelines do allow certain technical tasks, such as installing or servicing equipment, under both ESTA and B-1. LG maintains that its employees were simply setting up machines and transferring knowledge to local staff—tasks it believes fit the criteria.
Despite this, frequent travel using ESTA has raised concerns. US immigration experts warn that a system once used reasonably is now being stretched too far. One lawyer noted that ESTA use has “become an abuse” when workers return repeatedly for extended projects.
In response, LG has asked the US to create a new visa category that better suits the needs of companies with global operations. The company also called for clearer definitions of acceptable work under current visa rules.
South Korea’s government has weighed in as well. It reported that US Deputy Secretary of State Christopher Landau expressed regret over the Georgia raid. Both nations have agreed to accelerate talks to streamline visa processes for Korean workers.
with inputs from Reuters