In recent years, demand for foreign workers has been steadily increasing across various industries in Korea.

When hiring foreign nationals, it is crucial to thoroughly check their legal visa status and employment eligibility.

Employing undocumented immigrants or hiring foreign nationals with visas

that do not permit work may lead to heavy fines, criminal penalties, or suspension of future hiring permissions for the employer.

Below is a detailed guide for employers on how to verify legal stay status and avoid hiring undocumented workers.

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Verifying a Foreign National’s Legal Visa Status

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To legally work in Korea, a foreign national must possess a visa type that permits employment.

Employers must check the visa type and employment eligibility before onboarding any foreign worker.

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✅ Visa Types that Allow Employment

✔E-9 (Non-professional Employment)

Allows manual labor in manufacturing, construction, agriculture, etc.

✔E-7 (Special Activity)

For professionals in specific fields such as IT, design, etc.

✔H-2 (Work and Visit)

Allows ethnic Koreans from certain countries to engage in manual labor

✔F-4 (Overseas Korean)

Allows free employment (with some industry restrictions)

✔F-2 (Resident)

Allows free employment

✔F-5 (Permanent Resident)

Allows free employment

✔F-6 (Marriage Migrant)

Foreign spouses of Korean citizens; free employment allowed

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❌ Visa Types that Do Not Permit Employment

✔C-3 (Tourist)

Not allowed to work

✔F-1 (Visiting/Family Stay)

Not allowed to work

You can check visa type and status using the Alien Registration Card (ARC) or the visa stamp in the passport.

Even if the visa type is valid, expired visa periods make the stay illegal.

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✅ What to Check on a Foreign National’s Documents

✔Visa Type: Is the visa type eligible for employment?

✔Visa Validity: Is the visa still within its permitted duration at the time of hiring?

✔Permitted Job Scope: Does the job match what the visa allows?

For example, E-9 and H-2 visas do not allow employment in service, office, or professional sectors.

They are limited to manual labor in manufacturing, agriculture, fishing, and construction.

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How to Identify Illegal Stayers?

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If employers fail to carefully check visa status and conditions, they may end up hiring an illegal stayer.

An illegal stayer is a foreigner who remains in Korea despite having an expired visa or who engages in activities that violate their visa conditions.

✅ Examples of Illegal Stayers:

✔Someone who remains in Korea after their visa has expired

✔Someone who starts working on a D-10 visa (job-seeking visa)

✔Someone who enters on a tourist visa (C-3) and begins working

✔Hiring an illegal stayer can lead to criminal charges, so employers must check this carefully in advance.

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✅ Common Cases of Illegal Stayers That Employers May Overlook

In some cases, illegal stayers may hide or falsify their status, so it’s crucial to be prepared. Here are some typical examples:

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1) Presenting an expired alien registration card or passport

They may show a valid-looking card or passport, but the stay period has already expired

❗️Employers must carefully check the expiration date

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2) Borrowing someone else’s alien registration card

They may show another foreigner’s card that looks similar or claim it’s due to a mistake in issuance

❗️Always compare the face on the card to the actual person, and carefully check the name and date of birth

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3) Misrepresenting their visa type

They may claim to have a work-permitted visa even though they hold a visa that does not allow employment

❗️Always verify their visa type and confirm if employment is permitted

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4) Claiming they are in “temporary status” while applying for visa extension

❗️If they claim to be in extension status, make sure to check their “temporary stay permit” or the “Immigration Office receipt”

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5) Claiming they lost their alien registration card

❗️If they claim they lost it, request the receipt for reissuance

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✅ What to Check on a Foreign National’s Documents

✔Visa Type: Is the visa type eligible for employment?

✔Visa Validity: Is the visa still within its permitted duration at the time of hiring?

✔Permitted Job Scope: Does the job match what the visa allows?

For example, E-9 and H-2 visas do not allow employment in service, office, or professional sectors.

They are limited to manual labor in manufacturing, agriculture, fishing, and construction.

Legal Procedure for Hiring Foreign Workers

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To hire a foreign worker legally:

1) Verify if your business is eligible to employ foreign workers

2) Ensure the foreign national holds a valid visa for employment

3) Confirm if appropriate visa issuance is possible for the intended job

4) Report the employment to the relevant labor or immigration authorities and ensure post-hiring compliance

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For detailed procedures, see the “link” at the bottom of the original article.

Need a Custom Visa or Labor Support Service?

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HanGuk Visa offers personalized services for

: Personal and corporate visa processing, Translation support, Employment and labor-related solutions.

We go beyond just visa processing — we support foreign workers with:

✔Employment contracts

✔Wage condition reviews

✔Unpaid wage responses

✔Practical legal guidance on labor issues

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We provide customized visa solutions tailored to your specific situation.

If you have any questions or need detailed consultation, please feel free to contact us using the information below :)

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📞 Tel: 02-3210-1113

✉ KakaoTalk Channel: 한국비자

📣 Instagram: @hanguk_visa