US Short-Term Business Visa Issues: Between 'Illegality' and 'Reality'
Korean company employees traveling to the US for short business trips often perform work locally using only ESTA or B1 visas. However, this is technically considered illegal employment, and the risk of crackdown has increased due to recent strengthening of US immigration law.
The Boundary of Illegality and Legal Basis
Under US immigration law, ESTA (Electronic System for Travel Authorization) is permitted for visitors staying 90 days or less for tourism or business purposes. The B1 visa is also only valid for non-active business activities such as attending meetings, negotiating contracts, and conducting market research.
The problem is that the work often performed by Korean company employees dispatched abroad exceeds this scope. For example, factory equipment inspection, technical support, and on-site defect confirmation may be considered direct 'labor' within the US. In this case, it cannot be legally performed with a simple visit purpose ESTA or B1 visa.
In fact, there have been large-scale illegal employment crackdowns at the construction site of Hyundai Motor-LG Energy Solution joint battery factory in Georgia recently, and many Korean workers have been arrested. This shows that this is not just a theoretical problem but a harsh reality.
Limitations of Legal Alternatives
So, are there no legal ways for short-term dispatch? Of course there are. The representative examples are L visa (Intracompany Transferee Visa) and E visa (Treaty Investor Visa).
- L visa: This is a visa used to transfer Korean headquarters employees to US branches. However, the requirements are very strict, such as the applicant must have worked at the headquarters for more than one year out of the past three years, and there must be a local legal entity in the US.
- E visa: This is primarily a visa used by investors, but it can also be utilized when essential employees of a company are dispatched.
These visas have complex application procedures, take a long time, and cost a lot. It is a big burden for companies to go through these procedures for short-term business trips of a few days or months. In fact, the maximum stay period is set for the L visa, so it is often only suitable from a long-term perspective.
Due to these practical limitations, companies resort to illegal methods, and misinformation such as "It's okay if you don't get paid in the US" spreads. However, the US government considers not only 'receiving money' but also 'labor activities that directly or indirectly contribute to profit-making activities within the US' as illegal.
Changes in the MAGA Era
President Trump's 'Make America Great Again (MAGA)' policy is moving towards strengthening immigration law enforcement. The logic of "cracking down on illegal workers to reclaim American jobs" becomes a major justification for not tolerating illegal employment practices by foreign companies.
Law enforcement is the right of the United States, but this strong stance acts as a significant obstacle for foreign companies to invest in and dispatch technical personnel to the US. Ultimately, companies hesitate to invest, which leads to criticism that it will have a negative impact on the US economy in the long run.
Indonesia's Case: Similar Legal Framework to the US
This problem is not limited to the United States. Indonesia also strictly manages employment activities of foreign workers.
When traveling to Indonesia, any direct work performed locally, other than simple meetings or meetings, is considered employment activity. In this case, a temporary residence visa (ITAS), including a work permit, must be issued instead of a business visa.
If you enter the country with a business visa and are caught participating directly or indirectly in production activities at local factories or businesses, you may be immediately deported or fined. The Indonesian government maintains a very strict attitude towards illegal foreign labor, so it is essential to obtain the appropriate legal visa even for short-term dispatch.
