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E2 Visa FBI background check for September?? (confused)

 
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Sireno



Joined: 19 Mar 2010

PostPosted: Thu Jul 29, 2010 6:34 pm    Post subject: E2 Visa FBI background check for September?? (confused) Reply with quote

Hello. I am currently speaking with recruiters and applying to jobs and having interviews in order to be in Korea by the end of August or beginning of September. I am confused about the changing of the E2 visa requirements. I currently have all the documents for an E2 visa under the current regulations, not the ones that change in 2011. There is a recruiter I am working with from hot job korea and she is telling me I need to obtain an FBI criminal background check in order to receive my alien registration card. What is this all about? I was under the impression that none of the new E2 visa regulations start until January of 2011. Is this woman crazy or what? None of the other recruiters I am speaking with now have said this to me.

Help? I am becoming confused and distraught.

Thank you.
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Thu Jul 29, 2010 10:37 pm    Post subject: Reply with quote

I think you're correct on the E-2 thing. You might have to forward them some links to clarify it for them.
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questionmark



Joined: 11 May 2010

PostPosted: Thu Jul 29, 2010 11:35 pm    Post subject: Re: E2 Visa FBI background check for September?? (confused) Reply with quote

Sireno wrote:
Hello. I am currently speaking with recruiters and applying to jobs and having interviews in order to be in Korea by the end of August or beginning of September. I am confused about the changing of the E2 visa requirements. I currently have all the documents for an E2 visa under the current regulations, not the ones that change in 2011. There is a recruiter I am working with from hot job korea and she is telling me I need to obtain an FBI criminal background check in order to receive my alien registration card. What is this all about? I was under the impression that none of the new E2 visa regulations start until January of 2011. Is this woman crazy or what? None of the other recruiters I am speaking with now have said this to me.

Help? I am becoming confused and distraught.

Thank you.


Your recruiters is wrong about the criminal background check.

The requirement for an FBI (national) background check does not take effect until 1 jan 2011.

However, you are also mistaken about when all the E-2 Visa changes take place. Beginning 1 sep 2010, original diplomas will no longer be accepted. Applicants from the USA will have to submit a copy of their diploma with an apostille. Sealed transcripts will no longer be required.

Refer your recruiter to Immigration's web page where the posted change notice for E-2 Visas includes implementation dates.

See: http://www.hikorea.go.kr/pt/NtcCotnDetailR_en.pt?bbsGbCd=BS10&bbsSeq=2&ntccttSeq=31&langCd=EN
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NYC_Gal



Joined: 08 Dec 2009

PostPosted: Thu Jul 29, 2010 11:42 pm    Post subject: Reply with quote

If you are in your home country, it'd be better to just get the FBI check now, though, because if you want to renew, you'll have to do it next year. You only have to do it once, so it's easier to just get it out of the way.
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Hawkeye Pierce



Joined: 22 Jan 2010
Location: Uijeongbu

PostPosted: Fri Jul 30, 2010 2:05 am    Post subject: Re: E2 Visa FBI background check for September?? (confused) Reply with quote

Sireno wrote:
Hello. I am currently speaking with recruiters and applying to jobs and having interviews in order to be in Korea by the end of August or beginning of September. I am confused about the changing of the E2 visa requirements. I currently have all the documents for an E2 visa under the current regulations, not the ones that change in 2011. There is a recruiter I am working with from hot job korea and she is telling me I need to obtain an FBI criminal background check in order to receive my alien registration card. What is this all about? I was under the impression that none of the new E2 visa regulations start until January of 2011. Is this woman crazy or what? None of the other recruiters I am speaking with now have said this to me.

Help? I am becoming confused and distraught.

Thank you.


From what I read the FBI CRC is not required to obtain an E-2 visa until January, but it is required to obtain a ARC once in Korea effective NOW.

So, if you are sure there is nothing in your FBI CRC then its OK to get the visa first. However, if there are any surprises on the FBI CRC, then life would be interesting since without having a ARC getting paid may be difficult. If there is a mistake on the FBI CRC, that person could have big problems here in Korea.

Don't get caught in a trap. Get the FBI report before leaving.
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questionmark



Joined: 11 May 2010

PostPosted: Fri Jul 30, 2010 2:40 am    Post subject: Re: E2 Visa FBI background check for September?? (confused) Reply with quote

Hawkeye Pierce wrote:
From what I read the FBI CRC is not required to obtain an E-2 visa until January, but it is required to obtain a ARC once in Korea effective NOW.

So, if you are sure there is nothing in your FBI CRC then its OK to get the visa first. However, if there are any surprises on the FBI CRC, then life would be interesting since without having a ARC getting paid may be difficult. If there is a mistake on the FBI CRC, that person could have big problems here in Korea.

Don't get caught in a trap. Get the FBI report before leaving.


ARC: An FBI background check is not required to obtain an Alien Registration Card prior to 1 Jan 2011 (erify with Immigration at (02) 1345).

That's what the Korean Immigration Service means in its change notice:

"Until 2010.12.31 the criminal background check from either central government, local government or the Ambassador in other country except Korea will be accepted. But, when the time applying for alien registration or the next sojourn related application is made, you will have to hand in the criminal back ground check which is nationwide version."

Until then, U.S. applicants can still rely on state background checks.

Keeping it simple: If you are hired before 1 Sep 2010, the old rules still apply: (a) original diploma, (b) sealed transcript and (c) state background check or FBI background check.

After 1 Sep 2010: (a) apostillled copy of diploma and (b) state or FBI background check.

After1 Jan 2011: (a) apostilled copy of diploma and (b) FBI background check.

OP:Base your decision on when you will be hired and starting your job.

You can always apply for an FBI background check later on, and remember, it is only valid for 6 months.
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Hawkeye Pierce



Joined: 22 Jan 2010
Location: Uijeongbu

PostPosted: Fri Jul 30, 2010 4:54 am    Post subject: Re: E2 Visa FBI background check for September?? (confused) Reply with quote

questionmark wrote:


ARC: An FBI background check is not required to obtain an Alien Registration Card prior to 1 Jan 2011 (erify with Immigration at (02) 1345).

That's what the Korean Immigration Service means in its change notice


No, the Kimmie notice pertained to issuing E-2 visas, not ARC's. That's why there is a "but" in there when the subject is changed to issuing ARC's:

"Until 2010.12.31 the criminal background check from either central government, local government or the Ambassador in other country except Korea will be accepted. But, when the time applying for alien registration... you will have to hand in the criminal back ground check which is nationwide version."

(It also appears that those who presently have an ARC and leave Korea will need an FBI CRC should they return to Korea from a vacation or related travel.)

This is an English translation of whatever the actual regs are, so the Korean interpretation will apply. However if a Korean recruiter came to the same interpretation as I did from reading the Korean regs, then I feel confident that I got it right.

Also, calling Kimmie for information does not guarantee that that oral advice will be either valid or respected. They are notorious for giving inaccurate information.

Anyone who doesn't get the FBI CRC now is looking for trouble.

A word to the wise is sufficient, while no amount of advice to a fool is appreciated.
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CSlinguist



Joined: 11 May 2010

PostPosted: Fri Jul 30, 2010 7:52 am    Post subject: Reply with quote

sigh

Kimmi is so annoying, not only do they keep changing their minds but different recruiters interpret the regs differently. I can only say offer my experience with my recruiter...

I was offered my position on Jul 26 and I sent in all my E2 docs on the 28th so I am well above the Sep 1st deadline for original diploma's. Having said that my recruiter told me that they would only accept a degree apostilled or notarized from the korean consulate. Granted my position does start on September 1st so I am not sure if the deadline applies to when you are going to get your visa or when you are starting in Korea (I would still be landing in Korea before the 1st but my contract doesn't start until the 1st). So anyways to be safe I got my degree apostilled. Now for the FBI check, my recruiter said that the statewide CRC would be fine since its not Jan yet, but she hasnt said anything about needing it to get my ARC so I'm worried about that. It would really help if Kimmi gave us a legit advanced notice of these major changes.

I mean I'm lucky that I keep up with this site because the regs keep changing on the drop of a dime. I had to rush out to get my degree apostilled because all throughout the time I was looking for jobs (up until two weeks ago) all the recruiters were telling me that original degrees were ok and apostilled degrees optional. Confused

I hope that they are gonna stick with what they say and not mandate FBI checks for ANYTHING (visa, ARC etc) until January like they said originally. Mad
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Hawkeye Pierce



Joined: 22 Jan 2010
Location: Uijeongbu

PostPosted: Fri Jul 30, 2010 8:13 am    Post subject: Reply with quote

CSlinguist wrote:
sigh

Kimmi is so annoying, not only do they keep changing their minds but different recruiters interpret the regs differently. I can only say offer my experience with my recruiter...

Now for the FBI check, my recruiter said that the statewide CRC would be fine since its not Jan yet, but she hasnt said anything about needing it to get my ARC so I'm worried about that. It would really help if Kimmi gave us a legit advanced notice of these major changes.
...
I hope that they are gonna stick with what they say and not mandate FBI checks for ANYTHING (visa, ARC etc) until January like they said originally. Mad


So how much do you want to trust your recruiter?

Do you think the recruiters care if they get paid but you wait three months for an ARC and health insurance because it took that long to get the FBI CRC?

Anyone who wants to take that chance should have lots of money in the bank to live on, or have a family member who can send money for three months.

I requested my FBI CRC over a month ago when I first got wind of this issue, and they still haven't even charged the credit card for billing yet! This could be a major problem because of the delay time involved.
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