About this status of stay
Working Visit (H-2) is a status of stay that lets ethnic Koreans with foreign citizenship (외국국적동포) stay in Korea and work in the industries set out in Appended Table 1-2 of the Enforcement Decree of the Immigration Act (출입국관리법 시행령). Most people with this status came from China and the CIS (Commonwealth of Independent States) region, and working outside the permitted industries means going beyond the scope of your status of stay.
Since February 12, 2026, the statuses of stay for ethnic Koreans have been merged into Overseas Korean (F-4), and new H-2 visas are no longer issued. People who entered with an H-2 visa before then can keep staying under the set stay management procedures (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼], Sept. 2026).
How a legal problem affects your stay
For H-2 holders, employment reports, permitted industries and the immigration fine standards are directly tied to your stay. A criminal record comes up again when you try to change to Overseas Korean (F-4) or Permanent Residency (F-5).
If you receive a criminal penalty
If you are sentenced to imprisonment (with or without labor), the ground for deportation can become an issue (Immigration Act [출입국관리법] Article 46(1)(13)). A fine also counts against you in reviews for extending your stay. You cannot get Overseas Korean (F-4) status if a set period has not passed since you received a sentence of imprisonment without labor or heavier (including a suspended sentence), or if your total fines are above a set amount. The detailed standards are in the Overseas Korean (F-4) guide.
If you violate the Immigration Act
Under the Ministry of Justice handling standards, your stay is not permitted and you are made to leave Korea if you are a first-time violator with an immigration fine of KRW 5 million or more, or a repeat violator whose immigration fines in the last 3 years total KRW 7 million or more. The same applies, whatever the amount, if you received immigration fines 3 or more times in the last 3 years (Ministry of Justice guidance manual).
If you do not report your employment
When you start working for the first time or change workplaces, you must report it to the immigration office within 15 days (Immigration Act Article 35; Enforcement Rules of the Immigration Act [출입국관리법 시행규칙] Article 49-2). If you do not, you can be charged an administrative fine (과태료). If a report of start of employment has been made to the Ministry of Employment and Labor, it counts as your report.
If you work in a non-permitted industry
The industries you can work in with H-2 are set out in the Enforcement Decree. Working in any other industry is an activity outside the scope of your status of stay, so you can be punished with an immigration fine or other penalties, and your stay can end under the handling standards above.
Common problems with this visa
When you want to change to Overseas Korean (F-4)
Since the statuses for ethnic Koreans were merged, changing to F-4 is the usual path. You submit a criminal record certificate from abroad and proof of your Korean language ability, and your criminal penalties and immigration fines in Korea are reviewed.
As a rule, F-4 holders cannot work in fields set by Ministry of Justice public notice, such as simple labor. If you want to keep working at the workplace where you reported starting employment as an H-2 holder, the guidance describes a procedure to change to F-4 and then get permission for activities outside your status of stay (Ministry of Justice guidance manual).
When you have not been paid or were injured at work
Whatever your status of stay, you can claim pay for your work, severance pay and industrial accident insurance benefits. While you file a petition with the Labor Office and pursue a civil lawsuit, you need to plan the order of steps around the date your period of stay ends.
If you need to stay past your period of stay for treatment or a lawsuit, we also look at changing to Miscellaneous (G-1) status.
What happens to your stay, depending on the outcome of your case
Whatever your status of stay, the outcome of a criminal case leads to a review of your stay. Below is a summary based mainly on the standards set by law. The actual decision is made by the immigration office, which looks at what happened in your case together with your life in Korea.
- Case not referred to prosecutors, or suspended indictment
- These are not criminal penalties, so they do not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, under the Act on the Lapse of Criminal Sentences (형의 실효 등에 관한 법률), a suspended indictment (기소유예, where prosecutors decide not to charge you) and some decisions not to refer a case to prosecutors (불송치) stay in investigation history records for a certain period, and these can be checked when needed for a foreigner's naturalization or stay permit (Article 6(1)(6) and Article 8-2). How long they stay depends on the legal penalty for the offense. Reviews that look at your conduct, such as for Residence (F-2) and Permanent Residency (F-5), also check this kind of case history.
- Fine (including a summary order)
- A fine does not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, it counts against you in reviews for extending your stay, changing your status of stay, permanent residency and naturalization, and if the violation is serious your stay permit can be cancelled (Immigration Act Article 89(1)(5)). The Ministry of Justice review standards have many items that look at the amount of the fine and how much time has passed since you paid it. Under the Criminal Procedure Act (형사소송법), if you received a summary order (약식명령, an order that sets a fine without a trial), you can request a formal trial within 7 days of receiving it (Article 453).
- Suspended sentence of imprisonment
- A suspended sentence (집행유예) is still a sentence of imprisonment with or without labor, so the ground for deportation ('a person sentenced to imprisonment without labor or a heavier sentence and released', Immigration Act Article 46(1)(13)) can become an issue. The review standards for Residence (F-2), Permanent Residency (F-5), Overseas Korean (F-4) and other statuses treat even a suspended sentence as a disqualifying reason for a set period from the date the judgment becomes final.
- Prison sentence
- You can become subject to deportation when you are released after serving your sentence, and the prison warden must notify the immigration office about a foreigner whose release has been decided (Immigration Act Article 84(2)). Deportation proceedings can also go ahead while you are still serving your sentence (Article 85). If you leave Korea under a deportation order, you can be banned from entering Korea for 5 years after that (Article 11(1)(6)).
- Immigration Act violations (overstaying, working without permission, etc.)
- After an investigation by the immigration office, you may receive a notice to pay an immigration fine (범칙금, money paid in place of a criminal fine) or be reported for prosecution (Immigration Act Articles 102 and 105), and this can then lead to a departure order or deportation. A record of immigration fines also counts as a record of breaking the law in later reviews of your stay.
- Departure orders and deportation orders
- A departure order tells you to leave Korea on your own by a set deadline, and the deadline is set within 30 days from the date the order is issued (Immigration Act Article 68; Enforcement Rules Article 65). For a deportation order, you can file an objection with the Minister of Justice within 7 days of receiving the order (Article 60). Filing an administrative appeal or an administrative lawsuit does not stop the order from taking effect, so you also need to apply for a stay of execution.
Frequently asked questions
New H-2 visas are no longer issued. What happens to my stay now?
People who entered with an H-2 visa before February 12, 2026 can complete alien registration and keep staying under the set procedures. You cannot change from another status of stay to H-2, and from now on the option to look at is changing to Overseas Korean (F-4) (Ministry of Justice guidance manual).
I changed companies. What do I need to do?
You must report the change of workplace to the immigration office within 15 days from the day you changed. You can report online through HiKorea, by fax or in person, and if a report of start of employment was made to the Ministry of Employment and Labor, that counts as your report.
I got a fine for drunk driving. Can I change to F-4?
Under the Ministry of Justice standards, if your total fines in Korea are KRW 7 million or more, you can get F-4 only after 3 years have passed since you finished paying those fines. If you received a sentence of imprisonment without labor or heavier for drunk driving repeated 3 or more times, it is treated as a serious social crime and restricted separately (Ministry of Justice guidance manual). Even a lighter record can be considered in the review, so put your record and dates in order and then decide when to apply.
What happens if I am caught working in a non-permitted industry?
In many cases, after an investigation by the immigration office, you receive a notice to pay an immigration fine. Depending on the amount and the number of immigration fines in the last 3 years, your stay may not be permitted and you may be made to leave Korea, so before the investigation, write down how and for how long you worked.
I want to change to skilled worker (E-7-4) status, but I have a past fine.
In the E-7-4 review, you cannot apply if you received a fine of KRW 3 million or more or violated the Immigration Act 4 or more times in the last 10 years, and lighter records lower your points (Ministry of Justice guidance manual). Check your record and then go through the requirements.
Get advice right away if
- You are about to be questioned by the police, or you received a fine or a suspended sentence
- The immigration office asked you to come in, or you received a notice to pay an immigration fine
- Your change to Overseas Korean (F-4) or your extension of stay was refused
- You have not been paid or were injured at work, and your period of stay is about to end
Related guides
Legal basis
- Immigration Act Articles 35, 46 and 102
- Enforcement Decree of the Immigration Act Article 23, Appended Table 1-2
- Enforcement Rules of the Immigration Act Article 49-2
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): ethnic Koreans with foreign citizenship, Specially Designated Activities (E-7-4)
This guide is based on the Immigration Act (출입국관리법) and its Enforcement Decree and Enforcement Rules in force as of October 2026, and on the Ministry of Justice guidance manual on stay permits by visa type (법무부 체류민원 자격별 안내 매뉴얼, Sept. 2026). Ministry of Justice review standards can change at any time.
This guide is for reference only. The immigration office decides whether you can stay by looking at what happened in your case together with your life in Korea, so the same decision can lead to different results depending on your situation.