Important Updates
Important Updates
April 30, 2026 | SwitzerlandSwitzerland: Zurich Now Requires Appointments for a Broader Range of Services
April 30, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
April 30, 2026 | IndonesiaIndonesia: New Password Rule Could Delay Applications if Email Addresses are Invalid or Inaccessible
April 30, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 30, 2026 | SwedenSweden: Citizenship Eligibility Restrictions Forthcoming
April 30, 2026 | SwitzerlandSwitzerland: Zurich Now Requires Appointments for a Broader Range of Services
April 30, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
April 30, 2026 | IndonesiaIndonesia: New Password Rule Could Delay Applications if Email Addresses are Invalid or Inaccessible
April 30, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 30, 2026 | SwedenSweden: Citizenship Eligibility Restrictions Forthcoming
April 30, 2026 | SwitzerlandSwitzerland: Zurich Now Requires Appointments for a Broader Range of Services
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

The Struggle is Not Real: On the D-9 Visa

May 10, 2016

Marco Deutsch

Country / Territory

  • Republic of Korea (South Korea)Republic of Korea (South Korea)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Angela de Guzman

The South Korean immigration process provides a sharp contrast to the often unpredictable immigration landscapes of other countries. When sought for immigration advice on more challenging jurisdictions, my explanation is deliberately awash with words of caution, never in excess. A walk through of the South Korea immigration process, however, can be traversed more light-heartedly as it has proven to be straightforward, efficient and stable. The accolades don’t end there. South Korean immigration rules have also proven flexible in a manner crucial for overseas companies which do not have a local presence in South Korea.

How can D-9 visa help companies without a presence in South Korea?

An inquiry we often receive is whether an overseas company without a presence in South Korea can send a foreign national to work there. Under the immigration laws of other countries, the overseas company’s lack of a locally-registered entity (in the country where corporate visa sponsorship is sought) is an outright showstopper, leaving the overseas company without recourse. But such is not the case in South Korea which allows, under specific conditions, visa sponsorship of foreign nationals by a Korea-based company (such as the overseas company’s Korea-based customer or supplier). This is made possible through the D-9 treaty trader visa, frequently used by companies in the oil & gas, shipbuilding, manufacturing, engineering, construction, and software industries which have a need to send skilled technical workers to Korean companies (the overseas company’s customer or supplier).

The D-9 visa is a long-term visa granted to an eligible foreign national who is being assigned to a Korean company (customer or supplier), with which the assigning overseas company has a major agreement for the supply or purchase of major industrial machinery and equipment or intangible products.

In a D-9 visa context, the foreign national would be performing such tasks as quality control, maintenance, installation and other related work for the machinery and equipment that are being supplied or purchased. Generally, a mere service agreement between the overseas company and the Korean company is not sufficient to pursue the D-9 visa, and there needs to be an underlying sale of major industrial machinery and equipment or major intangible goods (like enterprise software) for which the foreign national performs related services. This has discouraged overseas companies which only have a service agreement (and have not sold or bought any equipment or major intangible goods) from pursuing this visa further.

But this is a mere roadblock and not a dead end. Taking the D-9 visa’s flexibility even further, it is still possible for these companies to send foreign nationals on a D-9 visa if it is shown that the overseas company (with the service agreement) has a contract with the overseas prime contractor company that directly contracted with the Korean company to sell or buy machinery or equipment. It can then be explained to the immigration officer evaluating the D-9 visa application that the service component is part of a larger project involving sale or purchase of heavy equipment.

A case-by-case assessment would need to be made. By observation, overseas companies struggle with another setback – the hesitation of Korean companies to sponsor a foreign national on a D-9 visa. This happens when the Korean company is not clear on the extent of its responsibility as a D-9 visa sponsor and is apprehensive of perceived associated risks. Some Korean companies inexperienced in sponsoring D-9 visas equate, albeit erroneously, D-9 visa sponsorship with its companies employing the foreign nationals. It must be clarified that, in a D-9 visa context, the foreign national is merely temporarily seconded to the Korean company. There is no employment relationship created between the two parties; the foreign national remains an employee of the overseas sending company.

In fact, nowhere is an employment agreement between the Korean company (which acts as D-9 visa sponsor) and the foreign national (the D-9 visa holder) required to be submitted to the immigration office as part of the D-9 visa application. I am yet to see a case where the Korean company pays the salary of the D-9 visa holder whose payroll always remains with the overseas company. This is telling of the absence of an employer-employee relationship between the Korean company and the foreign national.

Taking these points together, from an immigration perspective, the risk assumed by Korean companies as D-9 visa sponsors is generally not significant. While it extends some degree of flexibility, the D-9 visa should not be viewed as the default visa in all cases where an overseas company does not have a local presence in South Korea. It is our policy not to pursue visas out of convenience when eligibility has not been established. 

That being said, overseas companies should recognize the D-9 visa for the viable option that it is. Korean companies must not hesitate to sponsor D-9 visas where its businesses stand to benefit from the expertise of eligible foreign nationals. When things come to light, it is clear that the concerns around the D-9 visa were more presumed than real. Shall you have questions on or require assistance with South Korean immigration, please contact us at apccinitiations@fragomen.

 

Country / Territory

  • Republic of Korea (South Korea)Republic of Korea (South Korea)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

The New York Times: Have a Canadian Great-Great Grandparent? It Could Make You Canadian.

Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.

Learn more

Awards

Fragomen Features in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026

Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.

Learn more

Work authorization

The UK Global Talent Visa as a Flexible Residence Option for High-Net-Worth Individuals

Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.