Business Travel After the Hyundai Factory Raid: Lessons for Employers and Business Travelers

Recent events at the Hyundai battery factory in Atlanta, Georgia, have raised significant concerns for employers and business travelers, following the arrests of hundreds of South Korean citizens. This situation echoes the earlier Infosys settlement over a decade ago, which highlighted potential pitfalls in the misuse of B-1 visas for skilled labor in the U.S.

While the specifics of the Hyundai case continue to unfold, it's generally believed that many of the foreign nationals involved were in the U.S. on business visas. Understanding the nuances of these visas is crucial for avoiding issues with business travel.

Understanding B-1 Visas and ESTA

The B-1 visa, or ESTA under the Visa Waiver Program (VWP), is intended for individuals visiting the U.S. for business purposes. Permissible activities under a B-1 visa include attending business meetings, negotiating contracts, and participating in conferences or seminars. Notably, these visas do not allow for gainful employment or work within the U.S., except under certain conditions.

The Hyundai Scenario: Visa Use Uncertainty

It’s unclear whether the Hyundai employees or contractors used the VWP, requiring minimal pre-vetting, or obtained B-1 visas through a consular application and vetting process. Furthermore, we do not know what these individuals declared to U.S. Customs & Border Protection upon application for admission to the U.S.

However, the U.S. Department of State’s Foreign Affairs Manual (FAM) outlines several provisions that might apply. For instance, 9 FAM 402.2-5(E)(1) pertains to after-sales services, such as installing, servicing, or repairing commercial or industrial equipment, or training U.S. workers for these tasks. It’s speculated that many of the Hyundai workers were in the U.S. under this provision, raising legitimate questions about their arrests, given these activities are typically legal.

Another relevant provision is the controversial yet valid B-1 in lieu of H (BILOH), detailed in 9 FAM 402.2-5(B), which we've discussed extensively in our 2013 post. Additionally, the standard FAM provision for business travel, 9 FAM 402.2-5(B), allows for consulting with business associates and engaging in commercial transactions.

Key Takeaways for Business Travelers

Regardless of the specifics, this incident underscores the importance of thorough preparation for business travel to the U.S. Consulting with an attorney about the legality of your proposed activities, trip duration, and travel frequency is crucial. By planning visits carefully and adhering to permissible activities, you can reduce the risk of complications with U.S. business travel. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

New Policies Requiring Visa Interviews in Applicants’ Home Countries

On September 6, 2025, the Department of State announced a policy that applicants must apply for nonimmigrant visas in their home countries. This policy reverses years of flexibility in interview location choice: the prior policy allows applicants to interview anywhere they were physically present, albeit often with lengthier wait times for appointments.  

The policy states: 

• Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. 

• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere. . . . 

Applicants should note the following: 

• Residence Requirement: Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency. 

• Fees: Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.  

• Appointment Availability: Wait times for nonimmigrant interview appointments vary by location. Applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment. 

• Existing Appointments: Existing nonimmigrant visa appointments will generally not be cancelled. 

• Exceptions: This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons. 

Although the policy states that applicants “should” apply in their home country (vs. “must”), the word “should” is followed by the list of exceptions, so the rule may be interpreted as a strict requirement. It is also unclear whether someone residing in another county pursuant to a temporary visa may be considered a “resident” for the purposes of a nonimmigrant visa interview. Internal guidance to consular officers may be clearer on these points. As the policy is rolled out and implemented, practices may vary from post to post. 

This policy change follows on the heels of a similar announcement with regard to immigrant visa applications (i.e., for permanent residence, AKA green cards), which must also generally be completed in the country of citizenship. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

USCIS Issues Policy Updates on Good Moral Character Evaluation for Naturalization and “Anti-American” Activities in Immigration Benefit Requests

In August 2025 U.S. Citizenship and Immigration Services (USCIS) made several policy announcements related to good moral character and “anti-American” activities that may impact applicants seeking naturalization (citizenship) and/or other immigration benefits.  

On August 15, 2025, USCIS announced a comprehensive, totality of the circumstances approach for assessing good moral character (GMC) for naturalization applicants (Form N-400). Specifically, rather than simply relying on the absence of criminal offense or misconduct during the three- or five-year GMC period, USCIS officers must now weigh the applicant’s positive attributes, such as but not limited to: 

• Sustained community involvement and contributions in the U.S. 

• Family caregiving, responsibility, and ties in the U.S. 

• Educational attainment 

• Stable and lawful employment history and achievements 

• Length of lawful residence in the U.S. 

• Compliance with tax obligations and financial responsibility in the U.S. 

In evaluating the disqualifying factors, USCIS will now apply greater scrutiny and review all available documentation to determine eligibility for naturalization. 

With the new holistic approach, USCIS will also review whether applicants, who have previously engaged in wrongdoing have properly rehabilitated based on evidence including: 

• Rectifying overdue child support payments or other family obligations 

• Compliance with probation or other conditions imposed by a court 

• Community testimony from credible sources attesting to applicant’s ongoing good moral character 

• Reformation or mentoring those with similar past 

• Full repayment of overpayment of benefits such as SSI 

• Full payment of overdue taxes 

In an effort to implement this higher scrutiny on GMC evaluation, USCIS announced on August 22, 2025 that for the first time since 1991, it is resuming personal investigations (also known as “neighborhood investigations”) for naturalization applicants to apply “scrutiny over an alien’s residency, good moral character, attachment to the U.S. Constitution, and disposition to the good order and happiness of the United States” as set forth in the naturalization requirements in the Immigration & Nationality Act (INA).  

If a neighborhood investigation is required, USCIS may not only send officers (FN 1) or contactors to interview neighbors, employers, co-workers, business associates, etc., but it may also request N-400 applicants to submit testimonial letters from the same. The guidance states that proactively submitting such evidence with the N-400 application filing may help USCIS determine whether a personal investigation should be waived, thereby avoiding a Request for Evidence.   

Potentially related to the increased scrutiny on “good moral character,” on August 19, 2025, USCIS announced that officers may consider applicants’ involvement in “anti-American activities” when adjudicating the following immigration benefit requests that involve discretionary decisions.  

Under existing law, “anti-American” activities related to support of the Communist party, advocating the overthrow of the U.S. government by violence or force, etc. (FN 2) The updated USCIS policy seems to expand the statutory guidance to direct adjudicators to review whether applicants have “endorsed, promoted, supported, or otherwise espoused the views of an anti-American or terrorist organization or group, including those who support or promote antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies.” In cases where applicants have engaged in such activities, USCIS adjudicators are directed that they may exercise their discretion to deny the benefit requested. 

Applications types that involve discretion and may be subject to this policy include::  

1. Naturalization; 

2. Adjustment of Status (I-485) applications; 

3. EB-2 I-140 National Interest Waiver petitions; 

4. EB-5 investor petitions and applications;  

5. Requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status; and 

6. Certain employment authorization requests filed under 8 CFR 274a.12(C). 

Footnote 1: In September 2025, USCIS expanded its law enforcement authorities by adding special agents authorized to make arrests and carry firearms. It is not yet known whether these special agents will conduct the neighborhood checks mentioned here.  See: https://www.uscis.gov/newsroom/news-releases/uscis-to-add-special-agents-with-new-law-enforcement-authorities

Footnote 2: See INA 313(a) for definitions of anti-American activities: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424&num=0&edition=prelim 

Tiffany Martinez & Helen Park © Jewell Stewart Pratt Beckerson & Carr PC 2025

JSPBC lawyer Tiffany Martinez selected for inclusion in Best Lawyers® for 2026

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that Senior Associate Tiffany Martinez has been for inclusion in The Best Lawyers in America® for Immigration in 2026. Selections are guided by peer nominations and reviews, and only about 5% of practicing U.S. attorneys earn a Best Lawyer® distinction, underscoring the award’s exclusivity. Kudos to Tiffany!

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Update on Visa Interview Waivers

On July 25, 2025, the Department of State (DOS) announced an updated visa interview waiver policy, which will take effect on September 2, 2025.

Previously, visa interviews could be waived for applicants who previously held most types of visas in the same category that expired less than 12 months prior to the new application, as well as for children under 14 or adults over age 79.

Now, visa interview waivers are only available for B-1/B-2 visa renewals (and certain diplomatic visas) within 12 months of the prior visa’s expiration. Additional applicant criteria include:

• Application is in their country of nationality or residence (physical presence is required).

• Applicant has never been refused a visa (unless such refusal was overcome or waived).

• Applicant has no apparent or potential ineligibility.

In addition, interviews for children under 14 or adults over the age of 79 must be conducted in person.

This further restricted policy will certain cause visa appointment wait times to rise, as nearly all visa applicants must be interviewed in person by a consular officer before visa issuance.

 Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

H-1B “Cap” reached for FY 2026

On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2026.

The USCIS announcement states:

“U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. 

We will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap. We will continue to accept and process petitions filed to: 

• Extend the amount of time a current H-1B worker may remain in the United States; 

• Change the terms of employment for current H-1B workers; 

• Allow current H-1B workers to change employers; and 

• Allow current H-1B workers to work concurrently in additional H-1B positions.” 

No further selections for new H-1B petition filings will take place for FY 2026, and the next registration period for FY 2027 will take place sometime in Q1 2026.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Five JSPBC lawyers selected for inclusion in Super Lawyers® for 2025

Jewell Stewart Pratt Beckerson & Carr (JSPBC) is pleased to announce that five of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2025. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers.

Notably, all partners of the firm have been selected for Super Lawyers: Principal & Managing Attorney Claire Pratt has been selected from 2019 to present, having previously received Rising Stars designation since 2015. Principal Chris Beckerson has been selected from 2022 to present, having received Rising Stars designation from 2015-2019. Principal Jennifer Carr was named to Super Lawyers for the first time this year, having received Rising Star designation from 2017-2022.

Founder & Of Counsel Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present. Of Counsel James Mayock has also been selected, having been named to the list from 2004-2013, and 2020 to present.

These selections, along with the firm’s other accolades, further solidify JSPBC’s recognition within the legal community as a leading business immigration firm. Congratulations to Claire, Chris, Jennifer, Phyllis & James, as well as the entire JSPBC team!

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Update on Vetting of Student (F, M, J) Visas

Following the pause of visa appointments in the F, M, and J nonimmigrant categories announced on May 27, the Department of State (“DOS”) has now resumed scheduling FMJ visa appointments, and at the same time introduced significant changes to the vetting process for student and exchange visitor, effective from June 18, 2025. This update impacts both new applicants and those renewing or returning under these classifications such as recent graduates using their OPT. Here’s what you need to know:

DOS has mandated that all FMJ visas will initially be “refused” for further review, with the same consular officer responsible for both the interview and vetting tasks. Consular officers will then conduct a thorough review of the entire online presence of applicants, not just social media, to identify any “hostile attitudes” towards U.S. citizens, culture, or government, as well as any support for foreign terrorists or antisemitic activities. The guidance specifically calls out that social media accounts set to “private” may reflect evasiveness. 

Given the increased workload from enhanced screening efforts, consular posts may need to adjust the volume of FMJ cases processed. Priority will be given to J-1 physicians and F-1 students at U.S. universities where international students constitute less than 15% of the total student body (a list of these universities is presumably forthcoming). Consular officers are encouraged to take the necessary time to ensure applicants meet eligibility criteria, with no quotas or targets imposed.

DOS stresses that, as always, every visa decision is inherently a national security decision and emphasizes that applicants must credibly establish their eligibility and intent to engage in activities consistent with their visa terms.

 © Jewell Stewart Pratt Beckerson & Carr PC 2025

JSPBC Recognized by Chambers USA

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that the firm has been ranked for the second year in a row by Chambers USA.  The selection process involves Chambers’ own research methods, client and peer references, and looks at legal ability, client service, caliber of bench, and cost effectiveness, among other factors. Additionally, Claire Pratt has been ranked for the third year running. Only 14 firms and 44 lawyers are recognized in California.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Presidential Proclamation Banning Travel for Nationals from Certain Countries

Update: On June 16, 2025, the New York Times reported that 36 additional countries are under consideration for adding to the ban.

Original post:

On June 4, 2025, President Trump issued the Proclamation, Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats. It orders suspension of entry for nonimmigrant visa holders and immigrant visa holders from Afghanistan, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Myanmar (Burma), Somalia, Sudan, and Yemen. Nationals from these countries are fully restricted from entry, with certain exceptions (noted below).

The Proclamation also orders a partial suspension of entry for nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The partial restrictions are defined as a ban on entry for immigrant visa holders and nonimmigrant visa holders on B, F, M, and J visas (with certain exceptions). Consular officers are directed to limit the validity of other nonimmigrant visas—presumably to the minimum allowed under the reciprocity schedule or to single-entries.

Egypt is flagged for potential addition to the above lists.

Although the Proclamation uses the term “national,” it says that dual nationals traveling on passport or applying for a visa from a non-banned country are exempt from the ban. Other exemptions are listed for immediate relatives who can prove a familial relationship (via DNA), World Cup and Olympic athletes, and certain government officials, among others. As with prior bans, a national interest exemption is available on a case-by-case basis.  

The ban is prospective: it only applies to foreign nationals of the designated countries who (i) are outside the United States on the applicable effective date of the proclamation, and (ii) do not have a valid visa on the applicable effective date of the proclamation. Valid visas already issued will not be revoked under the ban. 

The ban takes effect on 12:01AM Eastern time on June 9, 2025 and will be reviewed in 90 days, and every 180 days thereafter. Litigation will most certainly ensue and may modify the above over time.  

President Trump also issued a second Proclamation, Enhancing National Security by Addressing Risks at Harvard University, suspending entry for Harvard University students (F, M, J visas) and providing for possible revocation of visas for existing visa holders. The Proclamation also provides for exemptions in the national interest.  

 © Jewell Stewart Pratt Beckerson & Carr PC 2025