By Soo-nam Park, CEONEWS
A contradictory policy approach in Washington is fueling chaos on the ground for major international investors. While the U.S. government successfully attracts astronomical investments from Korean corporations, it simultaneously blocks the entry of essential skilled personnel required to operate these new facilities. The recent large-scale immigration raid at Hyundai Motor's Georgia battery plant construction site is viewed by analysts not as an isolated corporate transgression, but as the predictable outcome of a structural trap designed by the U.S. government itself.
Critics argue that a conflict between the "carrot" of investment incentives and the "stick" of immigration enforcement is pushing Korean companies operating in the U.S. market into "forced errors."
The Vicious Cycle: $55 Billion Invested vs. 18% Visa Approval
A shocking incident in the heart of the U.S. "Battery Belt" has exposed a fundamental fracture in American industrial policy. The large-scale immigration enforcement action at the Hyundai-LG joint venture battery plant construction site in Georgia marks a critical juncture. During the raid, 475 workers were detained, including approximately 300 Korean nationals. Investigations revealed most had entered using short-term commercial visas (B-1) or via the Electronic System for Travel Authorization (ESTA) to perform construction and installation tasks, a clear violation of U.S. law.
However, industry insiders insist this was a "foreseeable crisis." To meet the tight construction deadlines mandated by the Inflation Reduction Act (IRA) and qualify for subsidies, deploying highly skilled technicians from Hyundai's headquarters in Korea is essential. The core issue lies in the near impossibility of securing legitimate long-term work visas (like the H-1B) for these engineers.
The H-1B visa program relies on an annual random lottery. For fiscal year 2025, the selection rate was a mere 18.1%. This structure means that more than four out of every five qualified engineers are rejected before their applications are even reviewed.
The U.S. government has created a paradox: on one hand, it pressures companies to meet aggressive IRA timelines; on the other, it blocks the only viable solution—human capital mobility—through an impenetrable visa wall. Ultimately, it punishes the very companies forced into non-compliance. From the corporate perspective, firms are forced to walk a tightrope between project failure (losing subsidies) and violating visa laws.
The Structural Trap: The Paradox of "Hire American" Policy
The contradictory nature of U.S. policy is evident in the numbers. Following the implementation of the IRA and the CHIPS Act, Korean conglomerates including Samsung, Hyundai, SK, and LG have pledged over $55 billion in investments in the United States. The U.S. promoted these investments under the pretext of re-shoring supply chains and creating tens of thousands of domestic jobs.
Yet, the door for the people required to execute these massive investments remains locked. Beyond the H-1B lottery, intracompany transferee visas (L-1) face heightened scrutiny, with Request for Evidence (RFE) rates approaching 25%. These delays, often lasting months, make the visa unsuitable for urgent deployment to critical construction and production ramp-ups.
To resolve this impasse, the South Korean government and business community have lobbied for over a decade for the passage of the "Partner with Korea Act." The bill proposes creating 15,000 new professional work visas (E-4) annually. This legislation is viewed as a minimal reciprocal measure for an ally that has committed massive capital to U.S. interests. However, caught between anti-immigration sentiment and political indifference, the bill has consistently failed to pass Congress. The U.S. actively pulls in Korean capital based on its own needs while remaining remarkably stingy about providing the operational flexibility required for that capital to succeed.
Essence of the Dilemma: The Impossible Equation of Industrial Policy
At the root of this inefficient system lies a political miscalculation embedded in the "Hire American" slogan. This doctrine, heavily emphasized during the Trump administration, frames foreign skilled labor as direct competition for American jobs. However, this diagnosis ignores the reality of advanced manufacturing.
In the initial phase of building a semiconductor fab or a battery plant, transferring proprietary technology and process know-how—which local U.S. workforces do not yet possess—is essential. Hyundai's engineers are not taking American jobs; they are training American workers to create sustainable American jobs for the future. Blocking foreign experts not only delays immediate plant operations but also acts as self-sabotage, impeding long-term technological accumulation and workforce development within the U.S.
When H-1B denial rates previously spiked above 24%, many U.S. companies responded by moving jobs out of the country, often to Canada, to secure necessary talent. This history demonstrates how protectionist immigration policies can backfire, weakening domestic industrial competitiveness.
Ultimately, the U.S. finds itself caught in a self-inflicted contradiction in its quest to achieve national goals for high-tech revival. Hyundai and other Korean firms have executed multi-billion dollar investments, yet face project failure due to their inability to deploy key personnel. Meanwhile, the U.S. government shifts blame for its own policy failures onto the corporations. Without a political awakening and comprehensive visa reform that aligns immigration with industrial strategy, the success of the "Made in America" initiative remains distant.
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