Consultation on visa options after leaving an E-9 (Agricultural Worker) visa in the United States

Can an E-9 Visa (Agriculture) Worker Switch to Another Visa After Resignation?

The E-9 visa, often referred to as the “non-professional employment visa,” offers foreign workers the opportunity to engage in various sectors such as manufacturing, construction, fishing, and agriculture in South Korea. A common concern for those holding an E-9 visa in the agricultural field is, “What visa options do I have now that I’ve left my job?”

Understanding the E-9 Visa

The general guideline for the E-9 visa is that holders can only change their place of employment within the same industry. This means that if someone has entered through the agricultural sector, they are restricted to working for another employer in agriculture. However, if their employment is interrupted or they resign due to personal circumstances, transitioning to a different visa category can be quite limited.

Types of Visas Available After Resignation

  1. Student Visa (D-2)
    If you plan to pursue language studies or a degree program, you can change to a D-2 visa. It’s important to note that you cannot directly switch from E-9 to D-2; you must leave South Korea and apply for a new visa.

  2. Family-Related Visas (F-1, F-3, etc.)
    If you are married to a South Korean citizen, you might qualify for the F-6 visa (marriage immigrant visa). Alternatively, if you have legally residing family members in South Korea, you may consider changing to an F-1 (visiting family) or F-3 (dependent) visa.

  3. Marriage Immigrant Visa (F-6)
    If you’ve married a South Korean national, you can switch your residency status to a marriage immigrant visa.

  4. Skilled Worker Visa (E-7-4)
    Thanks to recent changes in immigration policy, foreign workers who have served over a certain amount of time on an E-9 visa may qualify for a “skilled worker visa (E-7-4).” Eligibility typically includes having a legal residency record of at least four years within the last decade and obtaining a recommendation from your employer.

  5. Job-Seeking Visa (D-10)
    Generally, job-seeking visas are designated for professionals with experience in specific fields (E-1 to E-7). Transitioning directly from an E-9 to a D-10 visa is challenging, although special circumstances—such as having an advanced degree or skilled trade—might warrant consideration.

Conclusion

E-9 (Agricultural) workers who resign have a few visa options to consider:

  1. Family-related visas (F-1, F-6, etc.)
  2. Student visa (D-2, requiring exit from Korea for re-entry)
  3. Skilled worker visa (E-7-4)

However, various constraints and eligibility criteria for these new visa statuses should be kept in mind. Therefore, transitioning to a new visa merely due to unemployment can be difficult; substantial reasons such as academic plans, family situations, or skilled work experience are essential.

Given these factors, it is advisable to consult with the relevant immigration office regarding your personal circumstances, including family relations, educational goals, and work experience.

Disclaimer

This information serves as general guidance, and individual cases may differ. For personalized advice, please consider accessing our 1:1 consultation board.