[Foreign Employment Contracts and E-7 Visas ⑨] We Signed an Employment Contract with a D-2 or D-10 Holder — Can They Start Work Before E-7 Approval?

Hello, this is Administrative Agent Sangjin Ji.

In July 2026, skilled slaughterhouse workers from Mongolia entered Korea under the E-7-3 visa after “slaughterhouse worker” was newly added as an eligible occupation.

The case illustrates an important feature of the E-7 system.

Before hiring a foreign national, the company must first determine what kind of work the person will actually perform and which E-7 occupation that work falls under.

Throughout this series on Foreign Employment Contracts and E-7 Visas, we have been looking at foreign hiring in the following order:

Job duties → Occupation → Candidate → Employer → Contract

In Part ⑧, we examined what happens when E-7 documents describe the same employee differently—for example, when the employment contract says “overseas sales” while the employment justification describes translation and interpretation duties.

This time, we move to the next stage.

The employment contract has already been signed.

The E-7 application is being prepared.

The company has set the employee’s start date for next Monday.

But the E-7 change of status has not yet been approved.

The employer asks:

“We have already signed the contract and will file the E-7 application. Can the employee start working next Monday?”

The general answer is:

If the person intends to begin the regular work covered by the E-7 position, signing the contract or filing the E-7 application does not by itself mean that the person can immediately start that work.

Under Korea’s Immigration Act, a foreign national who intends to engage in activities corresponding to a different status of stay generally needs to obtain the appropriate change-of-status permission in advance.

There are, however, activities that may separately be permitted under the person’s current status.

Examples include authorized part-time employment for certain D-2 international students and qualifying internship activities for certain D-10 job seekers.

So the correct question is not simply:

“Does this mean the person cannot work at all until the E-7 is approved?”

The better question is:

“Is the work the person plans to perform already permitted under the current D-2 or D-10 status, or is it regular employment that requires the E-7 change of status first?”

This is also not only an immigration issue for the foreign employee.

Korean immigration law also restricts employers from employing foreign nationals who are not authorized to engage in the relevant employment activity.

That is why, in some cases, the immigration status under which the employee reports for the first day of work may matter more than the date the employment contract was signed.

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Is It a Problem to Sign the Employment Contract Before the E-7 Is Approved?

First, one common misunderstanding should be cleared up.

Signing an employment contract before the E-7 is approved is not, by itself, improper.

In fact, the employment relationship normally needs to be established before an E-7 change-of-status application can be filed.

Government guidance for foreign nationals changing from D-2 or D-10 to an employment status such as E-1 through E-7 generally requires an employment contract with the prospective employer.

The employment contract is also one of the core documents used in an E-7 application.

So the process does not necessarily look like this:

E-7 approval → Employment contract

It may instead proceed as follows:

Hiring decision → Agreement on employment terms → Employment contract → E-7 change-of-status application

The key issue comes after the contract has been signed.

The existence of an employment contract and the legal ability to begin performing the contracted work are two different questions.

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1. Signing the Contract, Filing the E-7 Application, and Receiving Approval Are Different Stages

These stages are often treated as if they were the same.

They are not.

Stage One: Signing the Employment Contract

The employer and the foreign employee agree on matters such as:

• the work to be performed,
• salary,
• workplace,
• and intended start date.

Stage Two: Filing the E-7 Change-of-Status Application

The application is submitted with documents such as:

• the employment contract,
• employer documentation,
• the applicant’s education and career records,
• and documents explaining the need for the hire.

Stage Three: Approval of the Change of Status

The immigration authority reviews the application and decides whether to permit the change to E-7 status.

These stages are connected, but they are not the same administrative event.

Korean immigration law generally requires prior permission when a foreign national intends to engage in activities corresponding to a different status of stay.

Therefore, it is risky to assume:

“We received an application receipt number, so the employee can start working now.”

Filing an application and receiving approval are different things.

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2. Why Does Filing the E-7 Application Not Automatically Authorize Work?

Consider a hypothetical example.

A foreign national currently holds D-2 student status.

A company hires the person for an E-7 overseas sales position.

The employment contract is signed on October 1.

The E-7 change-of-status application is filed on October 5.

The company then asks the employee to begin overseas sales duties on October 6.

At that point, the E-7 application is still pending.

The E-7 change of status has not yet been approved.

The key question is therefore not:

“Has the E-7 application been submitted?”

It is:

“Is the work being performed today permitted under the employee’s current status today?”

Once the question is framed this way, the issue becomes much clearer.

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3. If a D-2 Student Has Part-Time Work Permission, Can They Start Working for the E-7 Employer?

D-2 cases require additional care.

Certain international students may engage in part-time employment if they meet the applicable requirements and obtain the required permission.

That means D-2 status does not automatically prohibit every type of paid work.

However, the important question is the scope of the existing part-time work permission.

For example, suppose an international student has permission to work part-time at a restaurant.

The student later signs an E-7 employment contract with an IT company.

The existing part-time work permission does not automatically become permission to perform the professional duties described in the new E-7 employment contract.

At minimum, the following should be checked:

① Has part-time work permission actually been granted?

② Which workplace is covered by that permission?

③ Does the permitted activity correspond to the work the person plans to perform for the new employer?

This is why it is not enough to say:

“The student already has permission to work part-time, so it should be fine.”

The existing permission must be compared with the new workplace and the actual duties.

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4. Must a D-2 Student Always Change to D-10 Before Changing to E-7?

No.

This is another common misunderstanding.

Because the route

D-2 → D-10 → E-7

is frequently used, some people assume that every international student must first obtain D-10 job-seeking status before moving to E-7.

That is not always the case.

Government guidance allows certain eligible D-2 or D-10 holders to apply for a change to employment statuses including E-1 through E-7, provided that the relevant requirements are met.

For D-2 holders, factors such as graduation status, education, experience, and the requirements for the intended employment category may need to be reviewed.

Therefore, two separate questions should not be confused:

“Does this person need to change to D-10 first?”

and

“Can this person start working today under the current status?”

They are different questions.

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5. If D-10 Is a Job-Seeking Status, Can the Person Start Regular Work Once a Company Is Found?

D-10 creates a similar misunderstanding.

Because it is commonly described as a job-seeking status, a foreign national may think:

“If D-10 is for finding a job, why can’t I start working once I find one?”

D-10-1 is generally intended for job-seeking activities related to professional employment categories such as E-1 through E-7 and, in certain cases, permitted internship activities.

It should not be treated as a general authorization to begin regular E-7 employment.

Once regular employment is established, the foreign national generally needs to move into the appropriate employment status.

In other words:

D-10 does not mean unrestricted permission to begin regular E-7 employment.

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6. Can a D-10 Holder Work as an Intern Before the E-7 Is Approved?

In some cases, yes.

This is why D-10 cases require a more precise analysis.

Under current government guidance, certain D-10-1 holders may participate in qualifying internship activities related to professional employment fields.

But this does not mean that a company can simply decide:

“We will call the employee an intern until the E-7 is approved.”

A permitted internship and regular E-7 employment are not the same thing.

The title written on the contract is not enough.

The actual activity should be reviewed.

Questions may include:

• What work is the person actually performing?
• Are they carrying the same responsibilities as regular employees?
• Is this genuinely an internship connected to job seeking?
• Does the activity fall within the permitted scope of the person’s current D-10 status?

Not every D-10 holder is necessarily subject to identical internship rules.

The specific D-10 category and applicable conditions should therefore be checked.

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7. The “Employment Start Date” Is Not Just Another Date on the Contract

Now return to the employment contract.

Suppose:

• the contract is signed on October 1,
• the E-7 application is scheduled for October 5,
• but the contract lists October 2 as the employment start date.

The employee then actually reports to work on October 2 and begins performing the overseas sales duties described in the E-7 contract.

The E-7 approval is issued later.

The key fact is not simply:

“When was the contract signed?”

The more important question is:

“What immigration status did the person hold on October 2, and what work did they actually perform on that date?”

For this reason, the employment start date in an E-7 contract should not be determined only by the company’s internal HR schedule.

The hiring schedule and immigration schedule should be considered together.

The company should confirm whether the actual E-7 duties will begin only after the required immigration permission is in place.

There is also another distinction to keep in mind.

The immigration-law question of when a foreign national may lawfully begin working is not necessarily identical to the labor-law question of when the employment contract takes effect.

Issues involving contract validity, delayed start dates, or withdrawal of an employment offer may require separate review under labor and employment law.

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8. What If the Employee Comes to the Office Only for “Training”?

Employers sometimes face practical pressure to keep the original onboarding schedule.

This leads to questions such as:

“What if the employee only attends training before the E-7 is approved?”

or:

“What if we do not pay them yet?”

These situations should not be resolved by labels alone.

A short visit to the office for basic orientation may be different from regularly attending the workplace, following the company’s instructions, learning operational tasks, and beginning to perform actual job duties.

For example, suppose the company calls the activity “training,” but the foreign national is already:

• preparing materials for clients,
• responding to customer emails,
• participating in meetings as the person responsible for the work,
• or performing duties listed in the E-7 employment contract.

The factual situation may be different from a simple office tour or orientation session.

Therefore, formulas such as

Unpaid = not employment

or

Training = always permitted

should not be used automatically.

The actual activity should be compared with what is permitted under the person’s current status of stay.

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9. Why Employers Also Need to Check This Issue

This should not be viewed only as the foreign employee’s visa problem.

Korea’s Immigration Act restricts unauthorized employment by foreign nationals and also prohibits employers from employing foreign nationals who are not authorized to engage in the relevant employment activity.

Depending on the circumstances, immigration or other legal consequences may therefore affect both the employee and the employer.

That does not mean:

“Starting one day early automatically results in punishment.”

The actual consequences depend on factors such as:

• the employee’s status of stay,
• the type of work performed,
• the period of activity,
• and the specific circumstances of the case.

For an employer, the more practical question is:

“On the planned first working day, is this employee actually authorized to perform the job we are asking them to do?”

That is the issue worth checking before the employee starts.

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10. The Issue Becomes Clearer When Five Dates and Activities Are Placed on One Timeline

When reviewing whether a foreign national can work before E-7 approval, it is often not enough to look at the employment contract alone.

The following sequence is more useful.

① Current Status of Stay

First, confirm the person’s current immigration status.

Is it D-2?

D-10?

What is the specific subcategory?

② Activities Currently Permitted

For a D-2 holder, check whether part-time employment permission exists.

If it does, review the approved workplace and permitted activity.

For a D-10 holder, check the specific D-10 category and whether the intended activity may qualify as a permitted internship.

③ Employment Contract Date

Confirm when the employment contract was signed.

The signing of the contract should be distinguished from the actual start of employment activity.

④ E-7 Application Date and Approval Date

Do not look only at when the E-7 documents were prepared.

Separate:

the actual filing date

from

the date on which the change of status was approved.

⑤ Actual First Working Day and Actual Duties

Finally, identify:

When did the person actually begin attending work, and what did they do on the first day?

The review can therefore be organized as follows:

Current immigration status

↓

Activities currently permitted

↓

Employment contract date

↓

E-7 application and approval dates

↓

Actual first working day and duties performed

Once these items are placed on one timeline, the real question is no longer simply:

“Was the E-7 application already filed?”

The more useful question becomes:

“At what point, if any, did the person’s actual activity move beyond what was permitted under the current immigration status?”

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Three Examples

Example A — The Contract Was Signed First, but Work Did Not Begin

A D-2 student signs an employment contract with an employer for an E-7 position.

The employee does not begin working for the company before the E-7 change of status is approved.

Regular employment begins only after approval.

In this situation, the contract date and the actual work start date are clearly separated.

Example B — Regular Work Begins Immediately After Filing

A D-2 holder files an E-7 change-of-status application.

Before a decision is issued, the person begins reporting to the company and performing the duties listed in the E-7 employment contract.

The issue is then:

“Although the E-7 application had been filed, was the activity permitted under the person’s status at that time?”

Example C — A D-10 Holder Is Working as an Intern

A D-10 job seeker participates in an internship with a company in a field related to an E-7 occupation.

This situation should not automatically be treated in the same way as regular E-7 employment before approval.

The applicable D-10 internship requirements, duration, eligibility, and actual duties should be reviewed separately.

The key difference among these examples is not simply whether an employment contract existed.

It is:

What immigration status did the person hold on the first actual working day, and was the work performed permitted under that status?

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What Can the Employer and Employee Check Themselves?

There are several items that can be checked before requesting individual review.

First, confirm the foreign national’s current immigration status and period of stay.

For a D-2 holder, review any existing part-time work permission and compare the approved workplace and activity with the new position.

For a D-10 holder, identify the specific type of D-10 status and determine whether the planned activity is job seeking, a qualifying internship, or regular employment.

The employment contract should also be checked for:

Contract date

Employment start date

Workplace

Job duties

If the E-7 application has already been filed, the filing date and current application status can also be organized separately.

These are items that employers and foreign employees can often collect and compare themselves.

However, individual review may be needed where:

• the employee has already started working before E-7 approval,
• it is unclear whether D-2 part-time work permission covers the new duties,
• the line between a D-10 internship and regular employment is unclear,
• the start date written in the contract differs from the actual first working day,
• or it is necessary to determine whether work already performed should be treated as E-7-type employment activity.

In these cases, reviewing only the documents that will be submitted for the E-7 application may not be enough.

The current status, existing permissions, employment contract, filing date, approval date, actual first working day, and actual duties should be compared together.

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For E-7 Employment, the Contract Date Is Not the Only Date That Matters

The main points of Part ⑨ can be summarized as follows.

First, signing the employment contract before E-7 approval is not itself the problem.

The employment contract is an important document for changing from D-2 or D-10 to an employment status such as E-7.

Second, filing the E-7 application does not automatically authorize the person to begin regular E-7 work.

Whether the work can begin depends on the person’s current immigration status and the activities permitted under that status.

Third, D-2 and D-10 may allow certain activities separately, so those exceptions must also be checked.

A D-2 holder may have authorized part-time employment.

A qualifying D-10 holder may be permitted to participate in certain internship activities.

For that reason, an E-7 hiring process should not focus only on the:

Employment contract date

It should also consider the:

E-7 filing date

E-7 approval date

Actual first working day

Actual duties performed from that day

The key point is simple:

For immigration purposes, when the contract was signed may matter less than the immigration status under which the employee actually began working.

If you have already signed an E-7 employment contract with a D-2 or D-10 holder and are unsure how to set the work start date, whether the planned work can begin before E-7 approval, or whether work that has already started falls within the person’s current permitted activities, you can request a free initial review based on the current immigration status, employment contract, and actual work situation to determine what may be possible in your case.