US Raid on Hyundai Plant Leaves Korean Companies Reeling

[muriel_volestrangler]

18. 'Hyundai Motor Group' didn't employ them directly. Some were 'Hyundai Engineering', some LG Energy Solution

'Hyundai Engineering' is a sister company in 'Hyundai Motor Group'.

LG Energy Solution and Hyundai Motor Group are scrambling to respond after US immigration authorities detained hundreds of workers at the construction site of their joint battery venture in Georgia.
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Hyundai Motor America, the US sales arm of Hyundai Motor Co., said Friday that none of those detained were directly employed by the automaker.
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Hyundai Engineering, Hyundai Motor Group’s construction unit, said it is working with local consular services to gain clarity. About 170 subcontracted employees -- including both Korean and local workers -- are reportedly in custody. A fuller picture is expected to develop this week.
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Facing difficulties in obtaining work permits for US projects, some companies have relied on the gray area of B1 and B2 visas and the Visa Waiver Program for workers on short-term assignments at the sites. The recent incident, however, has created instability for their local operations.

https://www.koreaherald.com/article/10570128

B-1 business visitor visa

Foreign nationals coming to the US on short-term business trips may use the B-1 business visitor visa. The B-1 authorizes a broad range of commercial and professional activity, including consultations, negotiations, business meetings, conferences and taking orders for goods made abroad. Employment is not authorized. This means the following:

The services provided while in the US must be on behalf of a non-US employer.
Any profits resulting from those services must accrue to the non-US employer.
Any compensation received for those services must also be paid directly or indirectly by the non-US employer.

https://resourcehub.bakermckenzie.com/en/resources/global-immigration-and-mobility/north-america/united-states/topics/business-travel

I think they would reckon those 3 conditions are satisfied with them bringing in their South Korean employees (though they have to leave after 90 days if on a visa waiver; perhaps they didn't).

I used to travel to the USA for work - longest stay about 2 months - still paid by the British arm of my American employer, under a visa waiver. Sometimes all 3 were satisfied, sometimes the services/profits would go to the US parent company.