Axios has better journalistic coverage about the Hyundai ICE raid(axios.com)
axios.com
Axios has better journalistic coverage about the Hyundai ICE raid
https://www.axios.com/2025/09/05/trump-hyundai-georgia-raid
13 comments
Based on context and evidence provided so far, Hyundai elected visa fraud over training and employing US domestic workers (which is the intent of encouraging building in the US). Similar to TSMC in Arizona who “couldn’t find US workers.” They couldn’t find workers willing to worker under their expectations.
Inevitably, I can't find it simply spelled out on a government website, but the practice up to now has been that engineers can come to USA to under the visa waiver program to service or install machinery.
From an immigration law firm:
"Citizens of many foreign countries, including most European citizens, may travel as tourists or on business under the U.S. Visa Waiver Program without any formal visa application, and only registration under the Electronic System for Travel Authorization (ESTA) is required. Under the program, a European executive may visit a corporate subsidiary or attend a trade fair. Similarly, when specifically required by the purchase contract, technical experts who have to travel to the United States to install, service or repair equipment or machinery sold by a foreign company to a U.S. buyer can travel under the Visa Waiver Program. Travel for technicians and engineers installing foreign-made equipment in the United States is limited to a maximum of 90 days per stay and has to be in performance of a contract of sale of foreign equipment to the United States requiring installation (or repair service under warranty) at the customer site. The installation cannot include construction work, except for supervision or training of U.S. workers to perform construction".
https://www.sgrlaw.com/ttl-articles/foreign-manufacturers-tr...
Presumably the ICE officers applied this test before detaining each of the Hyundai workers.....
From an immigration law firm:
"Citizens of many foreign countries, including most European citizens, may travel as tourists or on business under the U.S. Visa Waiver Program without any formal visa application, and only registration under the Electronic System for Travel Authorization (ESTA) is required. Under the program, a European executive may visit a corporate subsidiary or attend a trade fair. Similarly, when specifically required by the purchase contract, technical experts who have to travel to the United States to install, service or repair equipment or machinery sold by a foreign company to a U.S. buyer can travel under the Visa Waiver Program. Travel for technicians and engineers installing foreign-made equipment in the United States is limited to a maximum of 90 days per stay and has to be in performance of a contract of sale of foreign equipment to the United States requiring installation (or repair service under warranty) at the customer site. The installation cannot include construction work, except for supervision or training of U.S. workers to perform construction".
https://www.sgrlaw.com/ttl-articles/foreign-manufacturers-tr...
Presumably the ICE officers applied this test before detaining each of the Hyundai workers.....
I believe there are two mostly unrelated stories:
1. Many of the construction workers were illegal immigrants.
2. When you are building a factory, you need to send engineers who are already familiar with your technology for various supervisory, training, and consulting tasks. It looks like the US does not have an appropriate visa category for such engineers, at least according to the current interpretation.
The second story is the interesting one, as it reveals a conflict between American policy goals. The US wants to encourage foreign companies to invest in manufacturing in the US, but it's unwilling to change the immigration laws or interpret the existing laws to expedite that.
Edit: L-1B is supposed to be the right visa, but the application process with petitions and interviews is too cumbersome in practice.
1. Many of the construction workers were illegal immigrants.
2. When you are building a factory, you need to send engineers who are already familiar with your technology for various supervisory, training, and consulting tasks. It looks like the US does not have an appropriate visa category for such engineers, at least according to the current interpretation.
The second story is the interesting one, as it reveals a conflict between American policy goals. The US wants to encourage foreign companies to invest in manufacturing in the US, but it's unwilling to change the immigration laws or interpret the existing laws to expedite that.
Edit: L-1B is supposed to be the right visa, but the application process with petitions and interviews is too cumbersome in practice.
I believe you're correct. When foreign experts visit temporarily to transfer technology to a new site, there's no bright line between the "non-working" business activities permitted by a B visa or ESTA and those requiring H or L visas. If the DHS thought Hyundai had pushed that line too far, then they could have subpoenaed their records, and perhaps ultimately settled the case with a fine and a promise to comply with the clarified standard in future. That would all have been normal.
They instead chose to lock up random employees "working" in a way their employer had probably assured them (rightly or wrongly) was lawful. That's not normal. The USA is a sovereign country, so it can impose whatever immigration policy it wants. No one should be surprised when foreign multinationals adjust their investment decisions accordingly though, or when American staff abroad face reciprocally unpleasant treatment.
They instead chose to lock up random employees "working" in a way their employer had probably assured them (rightly or wrongly) was lawful. That's not normal. The USA is a sovereign country, so it can impose whatever immigration policy it wants. No one should be surprised when foreign multinationals adjust their investment decisions accordingly though, or when American staff abroad face reciprocally unpleasant treatment.
[deleted]
Korean companies admit skirting US visas, say they had no choice - https://news.ycombinator.com/item?id=45198744 - September 2025
Leaked ICE document shows worker detained in Hyundai raid had valid visa - https://news.ycombinator.com/item?id=45197599 - September 2025
Leaked ICE document shows worker detained in Hyundai raid had valid visa - https://news.ycombinator.com/item?id=45197599 - September 2025
>> couldn’t find workers willing to worker under their expectations.
Perhaps it’s more: couldn’t find workers meeting expectations. There was an urgency to invest in the US but could you really onboard local workers that quickly in building a sophisticated EV battery factory? If we could’ve we would’ve done it ourselves. We turned to a service economy where we thought all we had to be are “knowledge workers” and now we have a manufacturing lag but a desire to have it done yesterday.
Perhaps it’s more: couldn’t find workers meeting expectations. There was an urgency to invest in the US but could you really onboard local workers that quickly in building a sophisticated EV battery factory? If we could’ve we would’ve done it ourselves. We turned to a service economy where we thought all we had to be are “knowledge workers” and now we have a manufacturing lag but a desire to have it done yesterday.
I could not get good information from mainstream news about the ICE raid on the Hyundai EV factory raid. They were all parroting the same talking points. The details about ESTA, B-1, and H-1B visas was the informational nuance that was missing. Where have the investigative reporters gone?
No one wants to pay for good journalism so it is in short supply
You would reasonably conclude after Trump's re-election that the American public overwhelmingly doesn't care, so why bother do it?
[dupe] Discussion: https://news.ycombinator.com/item?id=45139954
How is it a dupe? The discussion link you pointed to confirms my very point. There’s not a single mention of the visa quagmire and rug pull in that NBC article.
True title: Raid at Georgia battery plant points to conflicts in Trump's growth plans