1. Answer
Yes, a start-up company in Korea can sponsor a foreigner's E-7-1 visa, but the approval is not guaranteed. The outcome depends on various factors, including the company’s readiness and the preparation of the application. Therefore, the more accurate answer is: it depends!
2. Successful Cases
We recently assisted a foreign professional in securing an E-7-1 visa for employment at a start-up company with only two Korean employees. Immigration and visa cases are no different from other legal matters: they require a thorough understanding of the facts, the most up-to-date statutory laws and regulations, and applying them in the best possible way. A key differentiator is the ability to effectively combine these elements in presenting a strong case.
3. Challenges
Unfortunately, we often hear about foreign nationals who face rejection of their E-7-1 visa applications. This can be a devastating setback, especially after significant personal and financial investments in Korea. The most common causes of rejection are inadequate preparation and incorrect handling of the process, which often manifest in two main ways:
Cost-cutting Measures: Some start-ups decide to handle the visa application process internally in an effort to save costs. While straightforward in theory, visa applications require meticulous attention to detail. Inexperience can lead to significant delays and, in various cases, rejection.
Hiring a Wrong Attorney: Another pitfall is when a start-up company hires an attorney who is not well-versed in immigration law or lacks the necessary language skills to communicate with a foreign applicant. This can result in missteps, delays, and eventual visa rejection.
4. Solution
When applying for a position at a start-up company in Korea, it is highly recommended that you proactively address the visa process in your application. If you already have an attorney who has offered to handle your E-7-1 case, make sure to mention this either in your cover letter or during your interview. This simple step can be a game-changer and show potential employers that you have taken the necessary steps to ensure the visa process will not become an obstacle to your employment.
We hope this article helps for your purposes. Please feel free to contact us if you have any question or comment in this regard.
