New Regulations re E2 Visas Effective September 2010

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In August, the government announced a number of new regulations/procedures regarding E2 visa applicants/holders, most of which took effect on September 1st, 2010. The government has stated that the intent of this new procedures/regulations is to simplify the process, while, at the same time, ensuring that the qualification of teaching applicants be thoroughly verified. Following is a summary of the changes – for more details type ‘criminal background’ and ‘apostille’ in the search box above.

A Criminal Background Check will now only have to be done once, even if you leave the country – as long as you are out less than 3 months. However, local checks will no longer be accepted. Criminal background checks will have to be from a federal agency and be a national check as of 2011.

Academic Records now require an apostille. This new requirement may also apply to current E2 visa holders who are getting a new E2 visa – renewing or changing contracts. This, too, will only be required the one time and it will no longer be necessary to submit a sealed copy of your academic record and transcript.

It also seems that the Ministry of Justice (Immigration) will no longer be expelling new arrivals because they tested positive for HIV/AIDS. The wording of the government notice implies that an HIV/AIDS test will not be compulsory following the teacher’s arrival in Korea. It remains to be seen whether or not local authorities/employers will require a test and/or honour the contract of anyone who tests positive. Time will tell on this one.

The termination of the E2 visa will now be one month after the termination of the contract (up to a maximum of 2 years) giving people a month to prepare for departure or to find a new job in Korea. Not sure how this will affect housing provided by the employer during that extra month if a new teacher has been hired to begin at the end of the ‘old’ teacher’s contract.

To see the official translation of the announcement, visit the government's hikorea website* and click on Notice then on Conversation teacher(E-2) related system improvement notice.

*Note that you may need to use Internet Explorer to access the site – there may be problems accessing it if you’re using Chrome or Firefox.

Photo Source: Korea Times

9 comments | Add your comment

teacher needs help, 2010-09-11 15:15:04

Ok, so I need help and I feel like I am not getting accurate answers. I quit my job at a Hagwon due a bad work enviroment, and a better oppotunity to teach somewhere else. I gave my director 40 days of notice, and he told me he was going to give me a letter of release. He is now making it difficult for me and not giving me one. He said he will go to the immigration office with me on October 8 to terminate my visa. I need to start my new job October 10th. I feel that I don't get straight answers all the time at immigration.

1. Can I just transfer my visa over to my other school
2. Is it illigal for my employers not to give me a letter of release
3. what are the actions I need to take right now to speed up this process. This is what I was told; My director comes with me to immigration signs off for me,I have 30 days to get my documents into immigration, I send them in, they send them back to my new employer, and my employer sends it back....but in all this I have to send my diploma to Seoul University..

Can anyone help me with straight answers?

lovinlife1902, 2010-09-13 08:17:44

Question: So, if I stay one year and decide to stay a second year, do I have to get a federal background check even though I had the state check required of me when I originally got my Visa?

Gary, 2010-09-20 21:13:54

What about people who already have an E-2 visa? do they have to go back and get the federal background check? also I have a certificate of verification for my degree from the Korean Ed dept when I changed jobs last year. do I need to get the apostielle for this again?

kent, 2010-10-06 22:39:46

If you are 40 years of age or older don't apply to teach in Korea, as recruiters and employers think you are too old to teach in Korea...if the same rules applied in America to Koreans there would be no foreign teachers teaching in Korea period!

lil helper, 2010-12-17 08:51:45

lovinlife1902 and Gary: I'm renewing my E2 for my 3rd year contract and I have to get the FBI check (I originally submitted a state level) and I had to get a photocopy of my diplomas apostilled despite that I submitted the original document with an apostille when I first came here. Immigration now wants a photocopy of diplomas that they will not return, but keep on file, hence the photocopy.
The FBI check is easy to do from here, but does take some time and money (I'm American, FYI). The link for the FBI check: http://www.fbi.gov/about-us/cjis/background-checks/background_checks
*Make sure you request they authenticate it so that you can then send it to the US State Department for the apostille: http://www.state.gov/m/a/auth/

Alexa, 2011-01-03 08:25:37

Does anyone know how to get the federal background check apostilled after it has been authenticated by the FBI?

korea4expats, 2011-02-02 19:58:07

Answers to many of the questions can be found on this site. Click on the Working Business tab and then see the list of Teaching in Korea topics (you'll have to click on next). If you don't find the answer there, post your question on our Forum: http://www.korea4expats.com/forum-south-korea/

Korea4Expats, 2011-02-02 20:10:56

(We've reproduced the information in dagseoul's posting without the personal comments. We ask that you keep the language of your postings objective and respectful - there are other sites available where one can indulge in derogatory or insulting comments.)
dagseoul, 2010-11-27 12:52:54
I'm over 40 and am in demand. I have a PhD, have been teaching since 1999, have a background in linguistics and teaching Asian students specifically. I can speak the language because I study it while here. They like these things and are very happy to have my aging butt in their classrooms. The fact is the students like me.

I can tell you that if, like me, you have a good CV and are a talented teacher, you'll be welcome. If you're over 40 and simply looking to work and live in Korea, then you're likely to have trouble finding a job. That said:

nowadays, there are enough qualified teachers with experience looking for work in Korea that even young applicants without useful work experience will find it difficult to teach in a desirable location and make a decent salary. In addition, if they don't like you, you're going to be looking for work.

Agism may be a problem in Korea, but it is back home as well. Older immigrants in the US experience incredible difficulty finding work, too. The fact is, Korea doesn't need you, Kent. If you want to work here, you need to find a compromise between what Koreans want and who you are. There's nothing wrong with that expectation.

chaz47, 2011-03-01 13:41:39

I want to change jobs now. I have been at my present job 2 months and see little possibility of the promotions and raises they mentioned during the hiring process. To get this visa I had to submit an Apostiled FBI CBC. I have no idea what the current procedure is for changing jobs under the new regulations. Please advise.

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