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Writer's picturedongsuk cha

Switching from D9 Visa (D-9-1) to E7 Visa (Overseas Salesperson) within Korea: The blind spot of the D-9-1 Points-Based Trade Visa


Most foreign students who graduate from universities in Korea hope to find a company that will hire them (meeting the issuance criteria for an E7 visa) and obtain an E7 visa.

However, the E7 (E-7-1) visa is a POSITIVE type visa, allowing visa issuance only for occupations listed in the guidelines. Occupations not listed are generally not eligible for application, leading to many cases where applications are forcibly matched to unsuitable categories, resulting in rejection or denial. Forcing an application into an unfit category, leading to rejection or denial, is a common issue.

With countless professions available, how could they possibly fit into just 87 designated occupations?

The 67 specialized occupations of E-7-1 may seem extensive, but in reality, they are not. The range of occupations available for foreign students who graduated from domestic universities is quite limited in practical terms.

Newly graduated students are unlikely to enter a company as managers. Even if eligible to apply, the practicality of their duties makes it difficult to obtain approval.

Thus, most end up applying for well-known occupations, often subject to national employment protection criteria (one foreigner for every five nationals), including positions like overseas salespersons.

Despite diverse majors, many find it challenging to match their field of study with the available occupations, especially those from humanities and language disciplines.

Although graduates from 4-year programs (bachelor's degrees) can apply regardless of their major or lack of experience, the job roles often narrow down to marketing activities targeting nationals of the applicant's home country.

In reality, the duties are related to sales, a fact well-known to immigration authorities. This is why many opt for overseas sales positions when applying for an E7 visa change.

※ Forcing applications into different categories due to not meeting the national employment quota often leads to negative outcomes.

※ Applying for positions such as Product Planner and Medical Coordinator with a recommendation letter from the Ministry of Health and Welfare for employment purposes in hospitals, or Travel Product Developer and Hotel Reception Office Clerk with a recommendation letter from the Ministry of Culture, Sports and Tourism for employment in travel agencies and hotels, as well as Mechanical Engineer and Production Manager in manufacturing industries, will be excluded from this discussion.

Foreign students fortunate enough to find a company and receive an E7 visa are indeed lucky. Those unable to find a Korean company meeting the E7 visa requirements have limited options for continuing their stay in Korea. Marrying a Korean national for an F6 marriage visa seems the easiest but is not a trivial matter.



Another option for foreign students unable to find employment is to apply for a business visa (D8, D9, etc.).

D8 visas come in varieties such as D-8-1, D-8-2, D-8-3, D-8-4, a

D9 visas include D-9-1, D-9-2, D-9-3, D-9-4, D-9-5.


Among these, realistic options for foreign students include D-8-1, D-8-4, D-9-1, D-9-5, with D-8-1 and D-9-5 requiring investments over 100 million won. However, D-9-1 and D-8-4 can be applied for without investment by completing relevant education.

The allure of starting a business without investment is particularly appealing to foreign students unable to find a company.


Yet, starting a business without investment comes with its conditions. I'll briefly mention the blind spot in the D-9-1 (trade visa based on points) visa.

The D-9-1 visa allows for issuance based on meeting point requirements. Applicants with a trade-related degree can apply by renting an office, joining a trade association, and obtaining a business registration certificate. Even those without a trade degree can apply after completing relevant training.

※ However, being selected for the D-9-1 educational program has become increasingly difficult. Foreign students preparing for the D-9-1 visa should check application periods and thoroughly prepare their business plans for selection.

For more details on the requirements and scoring system for the D-9-1 visa, refer to the link below.


The blind spot in the D-9-1 (Points-Based Trade Visa)

Initially granted with a stay period of one year, the D-9-1 (Points-Based Trade Visa) faces a crucial weakness compared to the D-8-1 (100 million won corporate investment) visa. For renewal, while the D-8-1 visa requires sales performance, the D-9-1 visa necessitates export performance, meaning not just generating sales, but exports are mandatory.

※ Documents related to export performance issued by the trade association are essential for extension.

Let's examine the score sheet for extension.



As observed, it's possible to extend once for six more months without export performance by obtaining a recommendation letter from relevant organizations after the initial D9 visa year. Thus, one can somehow maintain their stay for one and a half years without export performance. The real issue arises after this period.

For the second extension, if the score doesn't reach at least 10 points, extension is not possible. This means the average annual export performance over the last two years must be at least $100,000, or at least $50,000 in export performance plus a combined total (export+import) of at least $70,000 for extension to be granted.

Most foreign students who receive the D-9-1 visa are starting small, single-person businesses, making it incredibly challenging to achieve an annual export performance of over $100 million.

※ While there are additional points for employing locals and tax performance, I have never encountered a case of employing locals, and tax performance is typically insufficient to meet the score requirements.

 

Recently, all D-9-1 visa holders who sought my consultation failed at this stage, either returning to their home countries due to inability to meet export performance. luckily There are people found employment companies to switch to an E7 visa.

One individual I am currently assisting with an E7 visa application (a D-9-1 visa holder) was meeting the export performance criteria for extension. However, aware of the D-9-1 visa's pitfalls and worried about business failure impacting their extension, they were fortunately offered employment by a business partner they had impressed during their D-9-1 visa business activities. They are now in the process of obtaining an E7 visa as an overseas salesperson.

For more information on the requirements and documents needed for an overseas salesperson, please refer to the link below.




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