Georgia ICE Raid: Legal Visa Paths That Could Have Prevented It

Over 300 South Korean nationals were detained in early September 2025 during a large-scale ICE raid at a Hyundai-LG battery plant site in Georgia. U.S. immigration authorities allege that many of the workers had violated their visa terms by engaging in unauthorized employment.

The raid, one of the largest of its kind, sparked outrage across South Korea and raised concerns among international businesses operating in the United States.

Footage of workers in restraints being transported to detention facilities circulated widely, triggering diplomatic discussions and renewed scrutiny over how visa rules are enforced.

Reports indicate that many of those detained had entered the U.S. under visitor visas such as B1/B2 or ESTA. These visa types do not permit hands-on labor or paid work, regardless of where the payment originates.

This incident serves as a warning to employers and foreign nationals alike. Using the wrong visa can carry severe consequences. But it also raises a larger question: could this have been avoided?

The answer is yes, through legal work visa alternatives such as the E-2 visa and the O-1 visa for individuals with extraordinary ability. These programs offer lawful pathways to work in the U.S. without risking detention or deportation.

This article explains how these visas work, who qualifies, and how they can reduce legal exposure in future cross-border projects.

What happened in the Georgia ICE raid

On the morning of September 4, federal immigration agents arrived at a Hyundai-LG battery plant construction site in Bryan County, Georgia. By the end of the day, over 300 workers—mostly South Korean nationals—were taken into custody.

According to ICE, many of the detained individuals had entered the U.S. on B1/B2 visitor visas or through the Visa Waiver Program (ESTA), and were allegedly engaged in work not allowed under those visa types.

The event drew attention from both U.S. and South Korean officials and prompted discussions around visa compliance, employer responsibilities, and how international professionals and businesses can better prepare when participating in cross-border projects.

In response, President Donald Trump released a statement on Truth Social emphasizing that the U.S. welcomes foreign investment and skilled international talent, but only through legal visa pathways. He wrote:

“Your investments are welcome, and we encourage you to legally bring your very smart people, with great technical talent, to build world class products, and we will make it quickly and legally possible for you to do so. What we ask in return is that you hire and train American workers. Together, we will all work hard to make our nation not only productive, but closer in unity than ever before.”

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While legal assessments are ongoing, this case highlights how easily visa misunderstandings can lead to complications—even for skilled professionals and well-established companies.

It also underscores the value of choosing the right visa path from the beginning to ensure both individual and organizational protection.

In the following sections, we explore why visitor visas are not intended for hands-on work and what lawful alternatives exist for those who want to contribute their expertise or invest in the U.S. economy with full legal clarity.

Why B1/B2 and ESTA visas don’t permit employment

Visitor visas like B1/B2 and travel authorizations under ESTA are designed for short-term purposes such as attending meetings, negotiating contracts, or participating in conferences.

They do not allow individuals to perform hands-on work, engage in day-to-day operations, or receive compensation for services rendered in the U.S., even if the employer is based overseas.

Despite this, confusion is common. Some travelers assume that short assignments or unpaid roles fall within legal boundaries, when in fact, U.S. immigration law is clear: unauthorized employment is a serious violation that can lead to visa revocation, deportation, and long-term entry bans.

We’ve published a detailed guide on this topic, including examples, common mistakes, and what counts as unauthorized work. If you’re unsure whether your activities fall within legal limits, this article will help clarify:

👉 Working in the U.S. on B1/B2 or ESTA: Why It’s Illegal and Safer Visa Options

Next, we’ll explore which visa types are designed for legal work in the U.S. and how they provide safer options for individuals and businesses.

Which legal visa pathways could have prevented the Georgia raid?

The recent Georgia ICE raid involving South Korean workers at the Hyundai-LG project highlighted how quickly visa misunderstandings can escalate into serious consequences.

Many of the workers reportedly entered the U.S. on visitor visas, which do not authorize employment. If the right visa programs had been used instead, this incident might have been avoided entirely.

Two options stand out as legal alternatives that would have allowed skilled professionals and investors to contribute to the project without the risk of enforcement: the E-2 Treaty Investor visa and the O-1 Extraordinary Ability visa.

E-2 visa‍

South Korea is consistently among the top 10 countries for E-2 visa issuances worldwide. In 2024 alone, 6,799 South Korean nationals were approved for E-2 visas, according to data from the U.S. Department of State.

The E-2 visa allows nationals of treaty countries to enter and work in the U.S. by investing in a business. The investor and certain key employees can legally live and work while they manage or grow the enterprise.

• Who it’s for: Entrepreneurs, investors, and managers who can commit to a substantial investment.
• Benefits: Renewable status as long as the business operates; spouses can become authorized to work; children can attend U.S. schools.
• How this relates to the Georgia case: If the Hyundai-LG project and its contractors had used E-2 visas for qualifying staff, many of the workers involved could have worked under legal authorization from day one, reducing the risk of visa violations and enforcement actions.

O-1 extraordinary ability visa

The O-1 visa is designed for individuals who can demonstrate extraordinary ability in their field, whether in business, science, education, technology, the arts, or athletics. It is often used by executives, technical experts, and innovators whose skills are critical to large-scale projects.

The application requires proof of professional achievements, such as industry recognition, publications, leadership roles, or evidence of a high level of expertise.

For specialized workers involved in advanced projects like Hyundai-LG’s, this visa could have provided the proper authorization to legally perform their assignments in the U.S.

• Who it’s for: Professionals with exceptional expertise or recognition in their industry.
• Benefits: Initial stay of up to three years, with one-year extensions available; no annual cap on approvals; flexibility for project-based work.
• How this relates to the Georgia case: Many of the highly skilled technicians and specialists working on the battery plant project could have qualified under O-1 criteria. With this visa, they would have been legally authorized to carry out their work in the U.S. without falling into the visitor visa trap.

How can investors and professionals move forward safely?

The Georgia ICE raid was a reminder that even well-intentioned companies and skilled workers can face serious consequences when the wrong visa is used.

Visitor visas like B1/B2 and ESTA are not designed for employment, and relying on them for work assignments creates risks for both individuals and businesses.

The safer approach is to plan with the right legal pathways from the start. The E-2 visa allows entrepreneurs and investors to actively manage their U.S. ventures, while the O-1 visa offers a route for professionals with recognized expertise to contribute their talents legally.

Both options provide security, stability, and a clear framework for cross-border collaboration.

For international companies, investors, and professionals, choosing the correct visa is not just about avoiding problems. It is about protecting investments, maintaining strong partnerships, and ensuring projects succeed without disruption.

At Visa Franchise, we help entrepreneurs and investors identify the visa pathways that align with their goals and meet U.S. legal requirements. If you are considering expanding to the U.S. or supporting skilled professionals in your business, now is the time to explore your options.

👉 Contact our team to learn how E-2 or O-1 visas can help you build and grow legally in the United States.

Frequently asked questions (FAQ)

Can I work in the U.S. on a B1/B2 or ESTA visa?

‍No. B1/B2 visitor visas and ESTA travel authorizations are strictly for temporary visits such as business meetings, conferences, or tourism. They do not allow employment, even if the employer is outside the U.S.

What happens if someone works in the U.S. on the wrong visa?

‍Working on a visitor visa can lead to visa revocation, removal from the U.S., future entry bans, and difficulties securing legal visas in the future. Employers may also face penalties.

What is the E-2 visa and who qualifies?‍

The E-2 visa is for nationals of treaty countries, including South Korea, who invest a substantial amount of capital in a U.S. business. The investor and key employees can live and work in the U.S. while managing the enterprise.

How long can I stay in the U.S. on an E-2 visa?‍

The E-2 visa can be renewed indefinitely, as long as the business continues to operate and meet requirements. Many families use it as a long-term solution to live and work legally in the U.S.

What is the O-1 visa and who is it for?‍

The O-1 visa is for individuals with extraordinary ability in fields such as business, science, education, technology, arts, or athletics. It is ideal for highly skilled professionals and executives who are recognized for their expertise.

How long can I stay on an O-1 visa?‍

The O-1 visa is typically granted for up to three years, with the option to extend in one-year increments. There is no annual cap on the number of O-1 visas issued.

Which visa is better for entrepreneurs, the E-2 or the O-1?‍

It depends on the individual’s goals. The E-2 is often best for investors who want to manage a U.S. business, while the O-1 is better for professionals recognized for their achievements in a specific field. In some cases, both may be viable options.