Important update on E-2 visa regulations

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As you may have seen on Gusts of Popular Feeling, we're finally getting some clarification regarding the new visa regulations for the E-2 teaching visa. This should come as no surprise to those who know Korean ways, but that clarification had to be specifically asked for, as seemingly none had come on its own. Credit for receiving the clarification goes to professor Ben Wagner for asking the big question.

The verbiage coming from Korean Immigration is a bit dense:

"Ministry of Justice decided to strengthen the verification for the qualification of E-2 visa applicants, and required them as of January 1, 2011. to submit the criminal record that manifests nationwide criminal background check of the applicant at the time The Certificate of Eligibility for Visa Issuance would be applied.

Regarding this, the transitional provisions was prepared as follows;

'In case E-2 visa holders who got the visa by submitting such criminal record ineligible under the current regulation, entered Korea before July 15, 2010. and have stayed since that time have the visa expiration date after January 1, 2011. and wish to renew the stay, they should apply for the extension of stay with the submission of the criminal record that manifests nationwide criminal background check'.

However, considering the extenuating circumstance that preparation of the nationwide criminal record takes long time, new transitional provisions was prepared as follows;

'In case E-2 visa holders who got the visa by submitting such criminal record ineligible under the current regulation before December 31, 2010. and have stayed in Korea have the visa expiration date after January 1, 2011. and wish to renew the stay, they should apply for the extension of stay with the submission of the criminal record that manifests nationwide criminal background check when they apply for the second time since January 1, 2011.'. [emphasis mine]

For example, if a E-2 visa holder who got the visa on February 15, 2010. with the ineligible criminal record under the current regulation and has stayed for a year, the person does not have to submit the nationwide criminal record at the first renewal application probably in February 2011., but should submit it by the second renewal application (maybe in February 2012.).

cf) The application for the Certificate of Eligibility for Visa Issuance for E-2 which is applied after January 1, 2011. should accompany the criminal record that manifests nationwide criminal background check.

Still with me? Let's simplify this.

If you're coming to Korea for the first time, you'll need a background check at the national level. For most nationalities that's nothing new, but for the Americans, it's a whole different ballgame. FBI background checks supposedly take up to 12 weeks to process, so apply now and get that process started way ahead of time.
If you're currently in Korea, you're in luck - for now. The next time you renew your E-2 visa, you do not need the fancy national background check. After that, you'll need to bite the bullet and get it done. Foreigner Joy has an excellent post about how to take care of the fingerprint cards the FBI needs while here in Korea.
A personal example: my current E-2 visa was issued in October 2010. When my visa needs renewing in October 2011, I will not need the fancy national background check. Presuming I'm still in Korea in October 2012, I will need the fancy national background check to get an E-2 visa.

To be clear, this is all based on the one official notice that has been disseminated in English as of this posting. Things may change, and there's no guarantee an individual Immigration officer will know the ins and outs of the new rule. For now, English teachers in Korea can breathe a sigh of relief.

? Chris Backe - 2010

This post was originally published on my blog,Chris in South Korea. If you are reading this on another website and there is no linkback or credit given, you are reading an UNAUTHORIZED FEED.

Re-published with permission from the author. Check out Chris in South Korea for more great postings from the author.

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Comments (18)

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Thank goodness I got the FBI check done. Actually it works out better that way for alot of minor criminals. A misdemeanor will show up on a state background check but won't on an FBI. Only felonies show up on the FBI check.

BWD , December 26, 2010

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Bwd,
Misdemeanors really don't show up? Like even a DUI? Google searches make it seem like every little thing you've ever down shows up on an FBI check...

Kimchi2222 , December 28, 2010

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Also, Chris any idea if you have to stay at the same school to bot have to do the FBI check in 2011 or can you change schools? Thanks a lot!!

Kimchi 222 , December 28, 2010

misdemeanors

It depends on what state the misdemeanor was in and what it was. Some show up, some don't. Some states offer expungement (deletion) and some don't. Better send one in to check first before you send it to a school.

expat , December 29, 2010

Misdemeanors

There's also a catch 22 for the states that don't offer expungement. They will seal a record at the state level but say they have to report it to the FBI. The catch is that the FBI says it gets its info from the states. I already had someone from a state court office tell me the best bet is to do some explaining [to the school I want at job at]. Thanks a lot! Time to get a lawyer...

expat , December 29, 2010

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I have my visa and ARC now that says it's good through august of 2011 but they said I should still submit an FBI check. Are they going to follow up on that since I've been working since Sept 1 at this job and have been in the country since 2009

Confused , December 29, 2010

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Hello,
I have an issue that I am currently dealing with. I have been teaching in Korea now for a year, and got hired for a new job in January and will start the job at the end of February. I applied for the FBI background check. I was charged with a DUI in 2005, and got it set-aside. It did not show up on my state-background check, and since my state background check was clear I stated that I was not charged with anything, my recruiter knows about it, and told me that it’d be okay, but my current Employer and soon-to-be-Employer are unaware of my charge. I don’t know if it will show up or not on my FBI CBC. I have already submitted documents for a visa transfer and it was successful. But, I am not sure what to do when I receive my FBI CBC. It seems like a very grey situation for me, what should I do/expect?

mr. guy , February 11, 2011

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Expect to return to your home country.

Speak2Korea , February 11, 2011

DUI traffic violations

Hey Mr. Guy, Relax! Immigration isn't looking for traffic violations. Heck, most Koreans drive drunk. Koreans are very forgiving about incidents that happen when people are drunk. Last year a Korean man kidnapped and raped an eight year old girl. He received a twelve year sentence because he was intoxicated. Immigration is interested in (1) fraudulent diplomas, (2) convictions for use of illegal drugs, (3) convictions for sexual offenses. When I told my boss, for whom I have worked for three years about my DUIs, the most recent in 2001, she just laughed. Speak2Korea is full of shit! Don't sweat your DUI.

wtvfh , February 22, 2011

Koreans and alcohol

What wtvfh did not mention was that: Na-Young was dragged to a public toilet by a 57 year old man. He was under the influence of alcohol at the time of the incident, according to information from the police department. She was beaten and strangled, then violently raped and sexually tortured. After that was done, in an attempt to destroy the evidence, he then inserted a pump (used for blocked toilets) into her anus in attempt to extract his semen which led to severe ruptures in her large intestines. Then, he tried to push the organs back inside her using the long stick of the pump. During this process, he completely damaged her genital organs. He then flushed her blood and other traces of her organs down the toilet, washed her and made her sit upright. After having another intercourse with her, he ran away leaving Na-Young to die. This 57-year-old man was only sentenced to 12 years in jail because under Korean law, when an intoxicated person commits a crime, the court can reduce a sentence. I guess a DUI in Korea is about as serious as spitting on the sidewalk.

Dave Strefling , February 24, 2011

Painfully Confused

Hi! I thank you for posting the above information, but I'm a little unsure of one thing and hoped someone could clarify. I am about to renew for a third year with my current public school (I started in 2009). Will I need the new criminal background check? I know it says the FIRST renewal is your grace, but is it the first renewal that is ever done on your visa, or is it the first renewal since the new rules went into effect (ie, are they giving people passes for 2011 in general, or is it only for people who are starting their second year on the same visa). Any advice or information would be greatly appreciated. Thanks!

a guest , July 11, 2011

Ditto Painfully Confused

I came in November 2009 and renewed for another year in Nov 2010. If I want to renew again this November, do I need an FBI check?

a guest , July 12, 2011

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I got the FBI criminal background check and apostille for March of 2011. I would like to transfer to a new school in March of 2012 will I need to get the criminal background check again for the transfer?

a guest , October 22, 2011

Visa Problems

The problem for me is that I entered Korea on December 23, 2010. My E-2 visa starts 12/14/2010. After which, immigration never asked me for the FBI check that I brought here. So, after seeing so many friends during the last year not need an FBI check upon their renewal, I thought I wouldn't need one.

Upon going to immigration for my visa renewal, whenever my school and I agreed I should teach here for 6 more months, I was asked for my FBI check. At the time, I presented my original that I brought with me, and they told me that since it was over 6 months old that it was invalid.

I'm hoping someone has been through this situation before and can give me some advice as to help me out. I don't understand why they didn't ask me for my FBI check when I arrived, and I also don't understand how now it is invalid since I've not been out of the country since moving here to work.

Basically, I have a document clearing me of any wrong doing while in the U.S. that would have been absolutely valid at the time of my entry, but is now totally worthless. Even though I've never left the country and have had my own hagwon have 2 Korean background checks run on me since I have got here.

So please, if anyone can help me at all, please do! I'm pretty much screwed if I don't get my NEXT FBI check on time. The first time I applied it took 3 weeks, and this time they won't even let me check the status on it until after they received it plus 4 weeks. They are also telling me that the processing time is 8 weeks now. They received my application on 11/16/2011. My work visa runs out on 1/22/2012.

I'm pretty damned worried, and should probably hire a lawyer. I've already renewed via contract. If anyone can help me in any way it'f be awesome. Thanks in advance!

a guest , December 09, 2011

Super Confused, help please.

Hi, I am currently int he process of dealing with the EPIK application to teach in South Korea, and need a background check. If i received a MIP (minor in possession of alcohol) in Michigan and plead guilty when I was younger will this harm my chances?

a guest , December 25, 2011

Criminal check - a rule of thumb

The basic rule of thumb for criminal records is whether you were fingerprinted. That remains on your permanent record and the actual fingerprint card (or digital equivalent now) is maintained by the state's police agency and can get forwarded to the FBI. Expungement, pardon and other judicial relief generally result in the actual physical fingerprint card getting destroyed and the record flagged as clean for private party inquiry. Police agency inquiry for internal law enforcement purposes will always reveal expunged or cleared record. Private inquiry, including one you are authorizing on yourself, will not reveal those record even if you ask the police to run it.

a guest , March 06, 2012

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thanks for the mention!

a guest , March 27, 2012

background checks

Why are the individual teachers required to get the background checks to present to the schools!?
Shouldn't this responsibility be on the schools or the government doing the hiring?
I assume that when a teacher provides a diploma, it is checked to be valid. It's part of the process. But a background check has to be done by every teacher for each job!? With each waiting period 8 weeks or longer? Things would go MUCH faster using official channels, wouldn't it?

a guest , April 24, 2012

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