“After answering inadvertently, the entire team was denied entry”… Words banned from entering the U.S.

Due to the strengthening of US visa screening, managing personnel on overseas business trips has emerged as a key risk in corporate management. Following the arrest and detention of Koreans in Georgia, the number of cases where even valid visa holders were denied entry at the airport increased.

The U.S. State Department recently significantly reduced the scope of interview exemptions for non-immigrant visa applicants. Face-to-face screening is also mandatory for visas related to business activities, such as short-term business (B1), expatriate (L1), and investment (E2). As the interview location was limited to nationality or residence, it became difficult to conduct a quick interview through a third country. These changes are directly affecting the business trip and investment schedules of global companies.

Accordingly, large domestic law firms are strengthening their organizations dedicated to visas and immigration. We are expanding practical advice, including verification of a company's overseas dispatch purpose, crisis response manuals, and English interview coaching. This is a move to prevent legal risks that may arise throughout the entire process of corporate activities.

Entire team denied entry by saying ‘work’ instead of ‘inspection’

Among these, Daeryun Law Firm (Lihan)'s case of establishing a 'dual response system' is attracting attention. Daeryun has a structure that simultaneously carries out domestic proactive management and overseas local response. In Korea, we provide industry-specific visa risk diagnosis, stay management solutions, and English Q&A interview coaching. Overseas, New York, Washington D.C. Based at the office, local lawyers provide real-time support for visa screening, immigration procedures, and investment advice.

Mia Kim, an American attorney at Daeryun (Washington, D.C.), explained, “A U.S. visa goes beyond simple entry permission and is a process of evaluating the trustworthiness of a company.”

Attorney Kim recently introduced a case in which technical personnel from a large company went on a business trip to inspect U.S. facilities and were stopped at immigration. These workers entered the country using ESTA and expressed 'inspection' as 'working', which was misunderstood as illegal work. In the end, the entire business trip was denied entry.

Attorney Kim later presented an example of obtaining B1 visa approval again by supplementing the purpose of the business trip and supporting documents, emphasizing that “one word can determine the success or failure of entry.”

In another case, the head of a domestic mid-sized company was denied ESTA entry due to a past minor criminal record. Attorney Kim prepared information on the circumstances of the case and absence of risk of recidivism, went through the waiver process at the U.S. Embassy, ​​and received approval for a B1/B2 visa.

Attorney Kim said, "Recently, there has been an increase in visa inquiries from subcontractors of large corporations that have established corporations in the U.S. and dispatched personnel. There is a trend in which companies' transparency, employment plans, and business purposes are also evaluated. It is important to proactively respond to various variables."

Recently, in the global market, complex risks arise simultaneously, such as strengthening visa screening and responding to local regulations for overseas business personnel. Accordingly, the role of law firms is becoming a strategic partner that helps companies achieve sustainable management.

Reporter Hwang Jeong-won (jwhwang@mt.co.kr)

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"After answering inadvertently, the entire team was denied entry"... Prohibited words for entry into the U.S. (Go to)