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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →Lets assume you (a nonKorean) need to work for a company in Korea, what visa is appropriate for you? There are working visas in Korea that are similar to H1B, L1 and other temporary working visas that are available under the United States immigration law. You may consider retaining services of a Korean law firm experienced in handling this type of work. Basically, you can apply for visas abroad at the Korean Embassy or Consulate or if you are in Korea, apply to the Immigration Administrative Office within the Ministry of Justice, after the approval of which you must leave Korea and then obtain visas. The following are a brief overview of the five (5) types of available visas in Korea that are issued to foreign employees of commercial businesses: C2 D7, D8, E4 and E7. Other employmenttype visas that are not covered in this memo are: E1 (for professors and other academicians), E2 (foreign language conversation teachers) and E3 (for researchers). In addition, if you are born in Korea and are either green card holder or citizens of another country should note that there is a resident visa called F4 (passed into law in 1999) which allows one to reside in Korea indefinitely and work at almost any other jobs. This F4 visa is very convenient, and in order to apply for one, you need the proof of your green card or citizen status in another country and your Family Census Register. Especially if you are a citizen of another country, then you should seriously consider applying for F4 visa instead of any of the visas described below, because F4 visa is much more convenient in that the Korean employer does not have any power over your visa status in Korea, you can work for almost any employer in Korea and it is a relatively simple process. 1. C2 ShortTerm Business Visa If you do not qualify for any longterm temporary working visas, you can always apply for C2 visa (equivalent to B1 visa under the U.S. immigration law) that allows you to engage in business activities in Korea up to 90 days). You must, however, reapply for another 90day C2 visa at a Korean Embassy or Consulate, after the expiration of the 90day period, or be subject to a substantial fine. This is why you often see many U.S. citizens leave Korea and return within one or two days to renew their C2 visas, so they can stay in Korea for another 90 days. 2. D7 Commercial Residence Visa If you are a foreign employee of a branch or liaison office of a foreign parent company who need to be dispatched to Korea by the foreign parent company, D7 visa is for you. You as the foreign employee must have 1 year or more of working experience at the parent companys headquarters, branch or other offices. The common documents that must be submitted are: a. applicants passport; b. completed application form with passportsize photograph; c. letter of invitation from the local company in Korea confirming the purpose of the applicants visit to Korea; d. a dispatch order or certificate of employment from the local company in Korea; e. copy of permission to establish the local office; f. certified copy of company registration or copy of business entity certification of the local office; g. copy of certificate of remittance of operating capital for the local office or business plan thereof; h. affidavit of support from the local office duly notarized by a notary public in Korea; and i. resume or personal work history of applicant. 3. D8 Corporate Investment Visa If you are a foreign employee of a foreigninvested corporation, whether a whollyowned subsidiary or a jointventure company, under the provisions of the Foreign Capital Inducement Act, then D8 visa is for you. You as a foreign employee must have some expertise and should be employed in a position related to the management, administration, production and/or technological aspects of the local company. The documents that must be submitted are: a. passport of applicant; b. completed application form with passportsized photograph; c. letter of invitation from the local company confirming the purpose of the applicants employment in Korea; d. dispatch order or certificate of employment from the local company; e. certified copy of company registration or copy of business entity certification of the local company; f. copy of the approval letter for foreign investment or certificate of foreigninvested company; g. affidavit of support from the local company duly notarized by a notary public in Korea; and h. resume or personal work history. 4. E4 Technical Training Visa If you are a foreign technician who has been invited to Korea by a public or private Korean organization for the specific purpose of providing professional knowledge in the natural sciences or technology with respect to a specialized industrial field, then E4 visa is for you. Such foreign technician is frequently invited to Korea for the purpose of providing technical assistance or training pursuant to a technical licensing agreement or other agreements of such type. The documents that must be submitted are: a. applicants passport; b. completed application form with passportsized photograph; c. letter of invitation from the local company confirming the purpose of the applicants visit to Korea; d. dispatch order or certificate of employment from the local company; e. copy of diploma or certificate of qualification of applicant; f. approval report for the technical license agreement or confirmation of service transaction or designation as a defense industry; g. documents related to the establishment of the public or private organization of the local company, including a certified copy of company registration or business entity certificate, etc. h. affidavit of support from the local company duly notarized by a notary public in Korea; and i. resume or personal work history of applicant. 5. E7 Special Activity Visa This E7 visa is similar to E4 except this is reserved for all other special activities that are specially designated by the Ministry of Justice. Therefore, if you are going to be working for a domestic, Korean company and you possess certain skills or knowledge that are unavailable in the Korean domestic market, such as foreign attorneys and tax accountants, then this E7 visa is probably for you. It should be noted that E7 visa is generally granted for only those positions that are difficult to fill with domestic Korean employees due to the shortage of Korean workers. The documents that must be submitted are: a. applicants passport; b. completed application form with passportsized photograph; c. letter of invitation from the local company confirming the purpose of the applicants employment in Korea; d. copy of diploma or certificate of qualification of applicant; e. employment reference by the Minister of the relevant Ministry; f. employment contract; g. documents relating to the establishment of public or private organizations, including a certified copy of the company registration or business entity certificate, etc. of the local company; h. affidavit of support from the local company duly notarized by a Notary Public of Korea; and i. resume or personal work history of applicant. ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
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