CASE STUDIES
Look at our previous cases to see how we have helped solve challenging and complex legal issues for our clients.
D-9 visa application for personnel dispatch by a service provider designated by the contracting company
Date : 2024-10-18
-
- Background
- Applicant S, who is an engineer (specialist level – D-9 visa), was dispatched to Korea on an international assignment to participate in an industrial facility project carried out under a contract between Company A and its Korean partner, Company B. However, instead of being directly employed by either Company A or Company B, applicant S was hired by a third-party company, C, which had a service contract with Company A. This situation caused issues with obtaining a work permit.
-
- Challenge
- To obtain a D-9 work permit visa in Korea, the individual must be directly employed by the contract-awarding company. Since Applicant S was hired by a third-party contractor, Company C, the Korean immigration office did not approve Applicant S's work permit request.
-
- Result
- In the end, applicant S was able to obtain his work permit by submitting the service contract with Company A, thereby proving that a third-party contract, Company C was a designated service provider in this situation.
-
- Solution
- To address this challenge, we recommend preparing a written statement outlining the need for professional personnel and the details of the service agreement. We re-engaged with the immigration office, submitting the relevant documents and actively communicating our position. We presented evidence showing that third-party contracting is a common practice for the type of projects Applicant S was involved in, and that a legitimate working relationship existed between Applicant S and the company. As a result, Applicant S was ultimately able to obtain a work permit successfully.