> But I wouldn't at all be surprised if some no-name subcontractor decided to play fast and loose with the visa rules to win a contract with a low bid.

I feel like "subcontractor" here could mean "staffing agency used by Hyundai to shed liability", but could also mean "equipment vendor". The latter seems much less likely to be noncompliant, since they get the special benefit of the policy we're discussing and since customer-site labor is a smaller share of their cost (since their primary business is building the machines in Korea).

A lawyer for some equipment vendor staff seems to be alleging that their B-1 applications had been drafted specifically to comply with this policy:

> Kuck said letters included with visa applications that he reviewed spelled out the scope of the work and appeared to meet requirements.

> "It was more detailed than some of the letters that I've written for clients in similar situations," he said. "The vast majority of folks, including the ones I represent, should never have been detained."

https://www.reuters.com/business/retail-consumer/lawyer-says...

I guess it's likely that at least one person detained was unlawfully present, and at least one person detained was lawfully present. The actual ratio is still unknown, but the reputational damage is done--"we took you away in chains, imprisoned you for a week, and deported you, but that's okay because a different worker at your site was noncompliant" is not a great message.

I don't find the claims made by an immigration lawyer representing the workers to be particularly persuasive, just like I don't find the claims made by the local union rep about what they "believe" the workers were doing to be persuasive.

People and companies can and do write whatever they want in letters submitted with visa applications. That has no bearing 1) on what you are actually allowed to do given a certain visa type, and 2) what the worker actually ends up doing.

In other words, the visa applications may very well have been valid and approved on that basis, but the applicants might have been engaging in other activities that were not permissible. This is quite common - people will say "I want to go to Disneyworld" when they actually intend to overstay their visa, or "I want to visit family" when they actually intend to work as a nanny or cook for a few months, then return home.

I'm not saying this raid was conducted properly or that all the arrests were justified, but I do think the reporting on it has been almost negligent. In contrast, here is an old article written by an immigration lawyer discussing the complexities of the B-1 business visa: https://blog.cyrusmehta.com/2016/05/the-b-1-visa-trap-for-th...