US visa risks seen in the detention of 300 people... The possibility of establishing a new ‘E4 visa’

[Interview] American lawyer Mia Kim, Daeryun Law Firm

As more than 300 Korean workers were recently detained in the United States on charges of illegal stay, changes in immigration and visa policies are emerging as important management risks for companies expanding overseas. For Korean companies turning their eyes to the global market, stable human resources management and compliance with local laws are becoming important survival tasks.

On the 10th, U.S. attorney Mia Kim of Daeryun Law Firm found the root cause of this incident to be the Trump administration's policy of strengthening crackdowns on illegal immigrants. He pointed out the reality that issuing legal work visas such as professional work visas (H-1B) and expatriate visas (L1·E2) is very difficult and takes a long time. This explains why many short-term workers would have had no choice but to rely on short-term business visas (B1) or Electronic Travel Authorization (ESTA).

Attorney Kim said, “Even if you pass the lottery, it takes 3 to 4 months to issue an H-1B visa, and the reality is that it is difficult to issue an L1 or E2 visa because it must meet strict requirements such as proof of expertise.”

He mentioned the establishment of a new 'Korean-only professional work visa (E4 visa)', which is being discussed in some quarters. The E4 visa aims to help Korean professionals find legal employment in the United States and improve the investment environment for Korean companies in the United States, but it has not yet been legislated. Attorney Kim predicted, “In the future, multifaceted factors such as Korea-US relations and the lack of skilled manpower in the United States will determine the passage of the E4 visa.”

Attorney Kim especially emphasized the visa problem of small and medium-sized partners entering the market with large corporations. This is because small and medium-sized enterprises with limited manpower and resources are more vulnerable to visa problems and lack the capacity to respond to local laws.

He advised, "As each company's situation is different, suitability for visa requirements may also vary," and "uniform application without taking this into account may lead to legal risks." He also added a warning that illegal stays are subject to strict crackdowns, so it is difficult to avoid forced departure or punishment.

This incident once again confirmed that it is essential for companies wishing to expand overseas to be aware of visa issues and manage risks through thorough legal review.

Reporter Hwang Jeong-won (jwhwang@mt.co.kr)

[View full article]
US visa risk seen in the detention of 300 people... The possibility of establishing a new ‘E4 visa’ (link)