Explainer-Why South Korea wants the US to change its visa policies

SEOUL (Reuters) -South Korea has ramped up calls for changes to the U.S. visa system so that its workers can visit for longer periods after an immigration raid at a battery plant in Georgia led to the detainment of hundreds of its citizens.

The two countries are looking at establishing a working group to consider a new type of visa for Koreans, according to South Korea’s foreign minister who visited Washington this week.

WHAT HAS BEEN THE PROBLEM?

South Korean companies have become major investors in the U.S., building factories that often require highly technical skill sets that are not easy to find in the United States.

But unlike some countries such as Australia, Canada and Mexico, South Koreans do not have access to special treaty work visas.

"There’s really no mid-term business visa for Korean businessmen to work in the U.S. for several months," said Kim Yong-sang, a Seoul-based lawyer specialising in international disputes at Yulchon LLC

Instead, sources have said employees of South Korean companies commonly use either the Electronic System for Travel Authorization (ESTA), a type of visa waiver that allows for stays of up to 90 days or B-1 visas - a temporary visa for some business-related activities.

Both of these visas limit what work can be done in the United States, which has meant that some South Korean workers have been relying on grey areas in U.S. visa enforcement.

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There’s also been a "lack of coordination between federal and state immigration policy," said Jihae Han, a U.S. attorney at Maru Law Firm. "Many U.S. state and local officials are unaware of how complex and serious the visa bottleneck is."

IS THE US WILLING TO CHANGE?

South Korea has pushed for years for a bill that would create or expand visa categories to accommodate skilled South Korean nationals who need to visit the United States for longer periods.

That bill has had difficulty getting through Congress because visas are linked to immigration, one of the most sensitive subjects in the United States, according to South Korea’s foreign ministry.

U.S. immigration officials initially trumpeted the raid at the Hyundai Motor and LG Energy Solution battery project site. But U.S. President Donald Trump’s administration has also signalled it recognises the importance of South Korean investment and the skills of the country’s workers needed to get plants operational.

Trump earlier this week offered to allow the workers to stay in the United States to train Americans.

The workers may return to the U.S after resting at home, South Korea’s foreign ministry said.

U.S. Commerce Secretary Howard Lutnick said on Thursday that Hyundai should have called him to secure the right visas.

"I called up the Koreans, I said, oh, give me a break. Get the right visa and if you’re having problems getting the right visa, call me," Axios quoted him as saying in an interview.

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