Jackson Walker partner Sang M. Shin was featured in Nikkei Japan discussing the recent detention of a worker at Hyundai’s U.S. battery factory, highlighting the complexities and risks the U.S. visa system poses for foreign companies.

He noted that business visas like the B-1 and ESTA do not permit hands-on work, and the distinction between allowed business activities and unauthorized labor is often unclear and subject to the discretion of immigration officials. Enforcement actions have increased, with detained employees sometimes facing harsh conditions— incidents that can deter foreign investment and make companies reluctant to send employees to the U.S.

Sang advised that all foreign companies should ensure their employees are thoroughly prepared before traveling, with clear documentation and proof they are not receiving U.S.-sourced compensation, to reduce the risk of misunderstandings and legal issues. “Plan and prepare proof for short-term visits to the United States.”

To read the full article, view “Hyundai Motors’ U.S. factory detention case U.S. expert “visa system is dysfunctional”.”

Meet Sang

Sang M. Shin is a business immigration attorney with broad experience managing immigration matters for companies, individuals, investors, and institutions through the U.S. and internationally. Sang handles a wide range of nonimmigrant visas and petitions and provides advanced and strategic advice to clients on a variety of immigrant visas and labor certification (PERM). Sang also helps foreign companies with their U.S. market entry, growth, and expansion efforts as they enter the United States by serving as outside counsel to their various legal needs.