[US Investment Firm 'Visa' Challenge]④Deep-rooted Domestic Preference... Discrimination Against Visa Expansion in Korea

Analysis suggests that the declining support for the Korea Partnership Act in the U.S. Congress is closely related to America's prioritization of its own interests. When investment companies request an expansion of professional visas, the typical response is "Hire and train Americans." Our side has yet to develop a counter-argument to this.

Samsung Electronics Taylor City Foundry Plant Site. [Photo by Yonhap News]

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A senior business official said, "As the U.S. declares strengthening manufacturing, it is also asking companies to train talent," adding, "This is why investment companies' visa requests are often rejected."

However, South Korea currently lacks a concrete response strategy. Aside from arguing the need for skilled workers to operate factories, there is no logic capable of influencing the U.S. political and administrative sectors.

The waning enthusiasm for the Korea Partnership Act is also because U.S. lawmakers are mindful of domestic public opinion.

In particular, if former President Donald Trump, a critic of Free Trade Agreements (FTA), wins the U.S. presidential election in November, it could lead to a situation where not only would visa privilege provisions be difficult to demand, but efforts would be needed to block additional harmful clauses. In fact, the period until November this year is considered a "golden time."

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A major reason why it is difficult for Koreans to obtain U.S. professional employment visas (H-1B) lies significantly in the FTA with the U.S. During the Korea-U.S. FTA negotiations, efforts were made to include dedicated visa provisions, but these were ultimately not included, which is said to have had an impact.

However, this contrasts with countries like Canada, Mexico, Australia, Singapore, and Chile, which have bilateral FTAs with the U.S. and have secured dedicated visa quotas ranging from several hundred to thousands annually for their nationals.

Therefore, despite strengthening the Korea-U.S. alliance from a security perspective and establishing the 'Chip4 (Chip4: Korea, U.S., Japan, Taiwan) alliance' economically, there is an assessment that South Korea has failed in the 'non-alliance' area of securing stable employment conditions for technicians.

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According to the Korea International Trade Association on the 15th, Australia obtained the U.S. president's signature on the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief" on May 11 of the same year, five months after the bilateral FTA with the U.S. took effect on January 1, 2005 (local time). This law became the legal basis for providing Australia with 10,500 'E-3' special visas annually. Although the U.S.-Australia FTA agreement does not explicitly state related provisions, the U.S. Congress approved domestic law securing 10,500 visas annually for Australia.

Singapore and Chile secured special visa provisions through bilateral FTAs with the U.S. The Singapore-U.S. FTA took effect on January 1, 2004. Article 11, "Temporary Entry of Business Persons," Appendix 11A.3 of the agreement states, "From the date this Agreement (FTA) enters into force, the United States shall approve up to 5,400 initial applications annually from Singaporean business persons seeking temporary entry to engage in professional-level business activities."

Also, the Chile-U.S. FTA, effective in 2004, includes a clause on "Temporary Entry of Business Persons," stating, "Annual numerical limits may be established regarding the temporary entry of business persons from the other party (Chile) seeking to engage in professional-level business activities." The appendix specifies, "From the date this Agreement enters into force, the United States shall approve up to 1,400 initial applications annually from Chilean business persons seeking temporary entry to engage in professional-level business activities."

Singapore and Chile have secured not only FTA agreement provisions but also U.S. domestic legal grounds. Both countries have obtained FTA implementation laws and the Immigration and Nationality Act (INA) approved by the U.S. Congress. The INA grants permanent residency to foreigners who have undergone U.S. embassy interviews or status adjustment processes after entering the U.S. However, South Korea has neither specified separate visa issuance provisions within the Korea-U.S. FTA agreement nor properly secured FTA implementation laws or INA approved by the U.S. Congress.

It is reported that the U.S. opposed specifying visa quotas in the Korea-U.S. FTA. A government official involved in the negotiations said, "In Korea's case, there were concerns that professional workers might not return home after their visas expire."

Despite many adverse factors, our response is not organized. Economic organization leaders, corporate government relations teams, and government departments are individually meeting U.S. government or political figures to conduct lobbying activities. It is pointed out that it is difficult to find a negotiation strategy that presents an inescapable logic to the U.S. government and political circles through organized guidelines or a unified channel.

Professor Kang In-su of the Department of Economics at Sookmyung Women's University said, "It is desirable for the government, economic organization leaders, and companies to continuously conduct outreach activities on specific industries and issues," but added, "To strengthen these outreach activities at all levels, it is necessary to establish a system where the government closely shares even minor outcomes with companies and economic organizations, providing consensus, guidelines, and necessary information."

He further advised, "Especially since the Donald Trump administration prefers a 'give and take' negotiation strategy and is very interested in attracting foreign corporate investment, it is necessary to encourage companies to consistently conduct outreach activities that proactively present what the U.S. wants."

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