US visa system growing uncertain... ‘Risk management’ should be the top priority

Recently, US visa and immigration policies have become more stringent. This is because the Trump administration is maintaining its stance of welcoming foreign investment, but is further expanding crackdowns on violations of the purpose of stay, such as illegal stay. This trend is acting as a variable that increases uncertainty for both companies and workers wishing to enter the U.S. market.

On the 4th local time, U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) conducted a large-scale crackdown at a factory in Georgia and arrested about 450 people. Many of these were not illegal immigrants but Korean workers who entered the country legally through a short-term business visa (B1) or Electronic System for Travel Authorization (ESTA). The problem was that although he entered the country under the pretext of a business trip, he was actually engaged in field work. In the end, they were detained because their purpose of stay was different from their actual activities.

As a result, the company faced a situation where key personnel suddenly left and the project was halted or planned factory construction was delayed. Although the government mobilized charter flights to support their return home, the confusion caused by administrative procedures was not easily resolved.

The essence of this situation lies in the uncertainty of the system. The U.S. government is citing the justification of expanding investment and attracting talent, but at the same time tightening the reins of crackdown. Visas that allow you to legally work in the United States include L1/E2 (expatriate visa) and H-1B (professional work visa), but both require complicated preparation and take a long time to be approved. In particular, the quota for H1-B is limited every year, so even if you meet the requirements, you will not get a chance if you are excluded from the lottery. If this situation is repeated, key industrial projects entering the US market, such as semiconductors, secondary batteries, and shipbuilding, may be shaken. In particular, in the semiconductor and battery fields, which are highly dependent on field engineers, the risk of crackdowns is very likely to lead to production disruptions.

One small mistake during the US visa application process can lead to fatal results. Typos on the visa application form (DS-160), ambiguous answers in interviews, and even past posts and ‘likes’ on social media are subject to review. Family sponsorship visas are also immediately rejected if the financial requirements are not met. In the end, it is essential to prepare in advance for a visa that suits your characteristics, such as H-1B, L1·E2, or O1 (artist visa), and you must also take into account differences in interpretation or political variables that may arise in the process.

Therefore, you must seek strategic plans and prepare thoroughly before applying. It is essential to ensure consistency in all documents, including application forms, employment contracts, financial proofs, and education/experience data, and to thoroughly prepare interview questions and answers. It is also important to have a system in place to compensate for unfavorable factors in advance and respond quickly to requests for additional documents.

The United States is a center where the world's capital and talent flock. But the threshold is getting narrower. Strict regulations, strengthened crackdowns, and unpredictable policies are forcing companies and workers into an increasingly unstable environment. In the current environment, where related regulations and procedures are expected to be further strengthened for the time being, the basic action that companies and workers can take is to make visa issues a top priority for 'risk management'.
 

Small Business Team

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Uncertainty grows in the US visa system... ‘Risk management’ should be the top priority (Go here)