D-10-2 or D-8-4: Where Should Foreign Tech Founders Start in Korea?
BySangjin Ji, Administrative Attorney3 years of embassy visa practiceLinkedIn
Imagine James, a foreign software developer in South Korea who is building an AI-powered inventory management system.
His program analyzes sales data from retail stores and recommends when they should reorder products before their inventory runs low. He has already developed a prototype, demonstrated it to several stores, and collected feedback.
Now he wants to establish a company in Korea and offer the software as a commercial service.
But when James begins researching immigration requirements, he faces an important question.
Should he first obtain a D-10-2 visa to prepare for his startup? Or, since he has already developed the software, could he apply directly for a D-8-4 technology startup visa?
The distinction matters because these two visa categories are intended for different activities.
D-10-2 concerns qualifying activities undertaken in preparation for a technology-based startup. D-8-4, on the other hand, is intended for foreign entrepreneurs who meet the legal requirements for establishing and operating a technology-based corporation in Korea.
Not every foreign entrepreneur must obtain D-10-2 before applying for D-8-4.
The appropriate route depends on the founder's existing immigration status, qualifications, technological activities, and corporate circumstances.
Another distinction is equally important: establishing a company in Korea is not the same as obtaining immigration permission to conduct business activities through that company.
For example, suppose Linda is an international student who incorporates a Korean company while holding D-2 student status. Even if the company completes corporate registration and obtains its business registration certificate, Linda still needs to determine what activities her current immigration status permits.
A business registration certificate does not, by itself, establish that a foreign founder is authorized to operate the business personally.
This is why the business plan, technical documents, corporate registration records, and the founder's immigration status need to be considered together.
A business plan explains what the company intends to develop and sell. Patent records may establish who applied for protection of a particular invention. Corporate registration documents identify the company, its incorporation details, and its registered representatives.
Each document answers a different question.
By looking at them together, a foreign entrepreneur can better understand which stage of the startup process they have reached, what can already be demonstrated, and which requirements still need attention.
What Does Preparing a Technology Startup Actually Mean?
Let us return to James before he establishes his company.
At this point, he is still correcting errors in his inventory management software. He is reviewing feedback from stores that tested the prototype and deciding which features to develop next.
He is also considering how to establish the business in Korea.
These are the kinds of circumstances in which a foreign entrepreneur may consider the D-10-2 technology startup preparation category.
Article 12 and Attached Table 1-2 of the Enforcement Decree of the Immigration Act (「출입국관리법 시행령」) distinguish job-seeking activities from activities related to preparing a technology-based startup within the D-10 framework.
In administrative practice, the categories are commonly identified as D-10-1 for general job seeking and D-10-2 for technology startup preparation.
The difference becomes clearer when we consider what the person actually plans to do in Korea.
Someone seeking employment with a Korean company may prepare job applications, attend interviews, and look for a suitable employer.
James, however, wants to develop his own technology and establish a business. His preparations may include startup education, technical development, and work related to patent applications.
But does developing software automatically make him eligible for D-10-2?
No. In addition to the nature of the proposed activities, the founder must satisfy the eligibility requirements applicable to the relevant application route.
One important starting point is educational qualification.
The Korean government's Study in Korea guidance describes the educational criteria for technology startup preparation, including bachelor's-level qualifications and qualifying associate degrees obtained in Korea.
Suppose James graduated from a Korean junior college.
He would need to examine his degree certificate to establish what qualification he obtained and when the degree was awarded.
The situation becomes different if he has not yet graduated.
A certificate of expected graduation shows that a student is expected to complete a course of study. It does not establish that the student has already received the degree.
Whether an expected graduation certificate is accepted therefore depends on the eligibility and documentary rules applicable to the particular immigration route.
Once James has reviewed his educational background, he needs to explain what he is actually preparing to develop.
Imagine his business plan says only:
"I intend to start an AI inventory management business."
That statement does not tell the reviewer what James has developed, how far the project has progressed, or what remains to be done.
His proposed service is more specific. It analyzes sales data from individual stores and uses that information to recommend suitable times for replenishing stock.
The business plan should explain those functions in terms that reflect the actual product.
For example, James could describe what sales information the software processes, how it produces inventory recommendations, and which parts of the system are already operational.
The distinction between completed features and planned features also matters.
Suppose the business plan describes both sales analysis and automated reorder recommendations, but the prototype currently performs sales analysis only.
In that case, James should distinguish the features that already work from those he plans to develop.
Screenshots, development records, and technical descriptions may help explain the progress of the project.
The purpose is not simply to submit more documents. It is to demonstrate, through accurate information, what James has already prepared and what he intends to do next.
The documents actually required for submission must still be determined according to the applicable immigration route.
What Changes After the Company Has Been Established?
Now suppose James has established a Korean corporation.
He plans to offer his AI inventory management program under the company's name. Corporate registration has been completed, and the company has obtained its business registration certificate.
The software is also approaching commercial launch.
At this stage, James has another question.
Now that he has incorporated a company, can he apply for the D-8-4 technology startup visa?
A foreign entrepreneur who has developed technology and established a qualifying corporation may be able to consider D-8-4.
However, incorporation alone does not establish eligibility.
Suppose the business registration certificate identifies the company as operating in software development.
That certificate helps explain the business activities the company has registered for tax purposes.
It does not establish what degree James holds, what technology he personally developed, or whether all the applicable D-8-4 requirements have been met.
This is why both the company documents and the founder's personal qualifications matter.
What should James look at first?
According to the public guidance provided by the Chungbuk Global Startup Immigration Center, the relevant D-8-4 eligibility framework includes three alternative categories of applicants:
- Those who have obtained an associate degree or higher qualification in Korea.
- Those who have obtained a bachelor's degree or higher qualification outside Korea.
- Those who have received an eligible recommendation from the head of a relevant central government agency.
These are alternative categories in the center's guidance, rather than three educational and recommendation requirements that every applicant must satisfy together.
For example, if James graduated from a Korean junior college, he would examine his degree certificate to verify the qualification and the date it was awarded.
If he earned a bachelor's degree overseas, he would need documentary evidence of that qualification.
If he is relying on an official government recommendation, the relevant questions are different: which authority issued the recommendation, under what program, and for which immigration application route?
The distinction is also important for students approaching graduation.
The Chungbuk center's degree-based guidance refers to applicants who have already obtained the relevant qualification.
James therefore needs to distinguish the date on which he expects to graduate from the date on which his degree is actually awarded.
Even if he satisfies an educational or recommendation criterion, the D-8-4 assessment does not end there.
The relevant technological requirements, corporate establishment conditions, and applicable points-based or recognized exemption provisions also need to be considered.
Returning to James's inventory management system, he has developed software that analyzes store sales and helps predict suitable reorder times.
That is different from a company whose principal business is simply purchasing software developed by another company and reselling it.
The distinction becomes even more apparent if James's actual business involves importing goods from overseas and selling them in Korea, or operating a commercial import-export business.
Depending on the activities involved, a different immigration category, such as D-9 for qualifying trade-related activities, may need to be considered.
The business category written on a registration certificate is therefore only part of the picture.
What the founder and company actually intend to do is essential to identifying the relevant immigration route.
Is Establishing a New Company Different From Acquiring an Existing One?
James plans to establish a new corporation to commercialize the software he developed.
Now imagine his friend Bruce, another foreign entrepreneur, takes a different approach.
Bruce acquires shares and management control of an existing Korean IT company and becomes its representative director.
Both James and Bruce intend to run companies in Korea.
But James establishes a new corporation, while Bruce takes control of an existing business.
For D-8-4, this distinction can matter.
The Chungbuk Global Startup Immigration Center's guidance for the relevant points-based D-8-4 route describes a requirement for the applicant to directly establish a new corporation in the relevant technological field.
An entrepreneur who acquires an existing company must therefore determine whether the immigration route they intend to use requires the applicant to establish a new corporation.
The requirements of that points-based route should not automatically be applied to every recommendation or points-exemption route. The rules applicable to each route need to be examined separately.
For James, the next document to examine is the company's corporate registration record.
Suppose the company is called SmartRetail Co., Ltd.
Its corporate registration record identifies James as the representative director and includes software development among its stated business purposes.
The business registration certificate also identifies the corresponding business activity.
Together, these documents can help establish that SmartRetail Co., Ltd. exists and show its basic registered information.
But they do not answer every question about the technology the company plans to commercialize.
James developed the software personally before incorporation.
SmartRetail Co., Ltd., however, is the company that intends to contract with stores and provide the service.
Those are two legally distinct parties.
The business plan should explain what technology James developed and how SmartRetail Co., Ltd. intends to use that technology in its commercial activities.
This becomes particularly important if James applied for patent protection in his own name before incorporating the company.
What If the Patent Applicant and the Company Have Different Names?
Suppose James filed a patent application relating to his AI inventory management technology before establishing SmartRetail Co., Ltd.
The patent application identifies James personally as the applicant.
The company that intends to provide the inventory management service is SmartRetail Co., Ltd.
Could the difference between the patent applicant's name and the company's name create difficulties for a D-8-4 application?
The difference alone does not establish that a visa application must be refused.
The more useful questions are what technology James applied to protect and how the newly established company intends to use it.
It is also important to distinguish a patent application from a granted patent.
Filing a patent application means that an application describing an invention has been submitted to the relevant patent authority.
A granted and registered patent, by contrast, reflects a completed registration following the applicable examination process.
If James has filed an application but has not obtained registration, proof of filing and related application records may help establish the applicant's identity, filing date, and invention title.
The application documents and specification are relevant when the technical details of the claimed invention need to be examined.
If the patent has already been granted and registered, the patent register can be used to verify the registered rights holder.
These records serve different evidentiary purposes.
James therefore needs to establish how the particular D-8-4 application route treats pending patent applications, registered patents, and other accepted forms of technological evidence.
The patent records should also be compared with his business plan.
Suppose the patent specification describes a method for analyzing retail sales data and predicting appropriate reorder dates.
But SmartRetail Co., Ltd.'s business plan discusses only a general online marketplace, without explaining the inventory management technology.
A reviewer reading those documents may find it difficult to understand how the technology relates to the company's proposed activities.
Now consider a different situation.
The business plan describes James's inventory management system in detail, and the prototype and development records reflect the same functions.
Those materials would provide a clearer explanation of the relationship between the developed technology and the proposed business.
The documents should also distinguish James, who applied for patent protection personally, from SmartRetail Co., Ltd., which intends to use the technology commercially.
This does not automatically mean that James must transfer the patent application or patent rights to the corporation.
Whether additional documents concerning ownership or the company's right to use the technology are required depends on the applicable application route and the actual legal and commercial arrangements.
The point of comparing these documents is to explain three things accurately: who developed the technology, what the company intends to do with it, and what the available evidence actually establishes.
When Can an OASIS Completion Certificate Help?
James has now prepared technical documentation and established SmartRetail Co., Ltd.
While researching the D-8-4 technology startup visa, he learns about OASIS.
OASIS is an education and support program for foreign entrepreneurs preparing technology-based startups in Korea.
Designated Global Startup Immigration Centers provide programs concerning entrepreneurship, intellectual property, and related startup preparation activities.
Suppose James participates in an OASIS course and receives a certificate of completion.
The certificate may identify the participant, the completed course, and the date of completion.
But what exactly does it prove?
An OASIS completion certificate establishes that James completed the relevant educational program.
A degree certificate, by contrast, establishes the academic qualification he obtained.
Patent documents identify information concerning a patent application or registered right.
Corporate registration records establish information about SmartRetail Co., Ltd., including its registration and representative.
These documents are not interchangeable.
James might nevertheless assume that completing OASIS means he is now ready to apply for D-8-4.
That conclusion would be premature.
According to the Chungbuk Global Startup Immigration Center's FAQ, OASIS completion is not a universal requirement for every D-8-4 applicant.
Participation may, however, be recognized for additional points under an applicable points-based assessment.
James should therefore determine how his particular OASIS course is treated under the route he intends to use.
Completing an educational course is different from satisfying the required points threshold and all other applicable immigration conditions.
There are also D-8-4 application routes involving official government recommendations or recognized exemptions from the points-based requirements.
In November 2024, the Ministry of SMEs and Startups announced the introduction of the Startup Korea Special Visa.
The announced process involved an evaluation of the business potential and innovation of the proposed startup, a recommendation by the Ministry of SMEs and Startups, and final immigration examination by the Ministry of Justice.
On June 8, 2026, the Ministry of Justice also announced an expansion of the categories eligible for exemption from the D-8-4 points-based requirements.
The existence of these routes does not establish that every applicant qualifies for them.
For James, the key question is whether he meets the specific conditions of the route being considered.
An OASIS completion certificate is not the same thing as an official recommendation issued under an applicable government program.
Likewise, a government recommendation and final immigration approval are separate decisions.
Since the available application routes and recognized exemptions may change, James should use the requirements applicable at the time of his application rather than relying solely on an older OASIS points table.
Can the Company Begin Charging Customers Immediately After Incorporation?
SmartRetail Co., Ltd. is now preparing to offer James's inventory management software commercially.
Suppose the company is about to sign an agreement with a store to provide the service in exchange for a monthly subscription fee.
The company has completed its incorporation and business registration.
Does that mean James can immediately begin running the paid service?
There is one more issue to examine: his own immigration status.
Suppose James is still staying in Korea under D-2 student status or D-10-2 technology startup preparation status.
The company's legal existence and James's personal permission to perform business activities are separate matters.
A business registration certificate shows that the company has registered for relevant tax and business purposes.
It does not determine which activities James personally may perform under his current immigration status.
Consider two situations.
In the first, James demonstrates a prototype to a store and collects feedback about the software.
In the second, SmartRetail Co., Ltd. signs a commercial contract, and James personally operates the service, responds to customer requests, and carries out ongoing work for paying clients.
The activities and stages of business development are different.
The applicable immigration procedures must be assessed in light of the activities James actually intends to perform.
The Immigration Act (「출입국관리법」) distinguishes between engaging in additional activities outside an existing status and changing to another status of stay.
Under Article 20, a foreign national who wishes to undertake activities corresponding to another status while continuing activities under the existing status must obtain the relevant permission for activities outside the authorized status in advance.
Article 24(1) addresses advance permission to change status when a foreign national intends to engage in activities corresponding to a different status of stay.
Which procedure is available depends on the person's existing status and the proposed activities.
These provisions do not mean that every D-10-2 holder can obtain permission for any commercial activity simply by applying under Article 20.
The detailed scope of permitted activities and the conditions for authorization must be examined under the rules applicable to that immigration category.
Nor does the existence of a paid service agreement, by itself, establish that James has committed an immigration violation.
The actual activities and their timing matter.
The agreement should be examined to determine which party provides the service, who receives the fees, and what work James personally performs in developing and operating the software.
His immigration status at the time those activities begin must also be considered.
James should therefore compare the company's incorporation date, the intended date of commercial operations, and the expiration date of his authorized stay.
If prior immigration permission is required for the proposed activities, it must be obtained before those activities begin.
What Dates Matter If the Founder Is About to Graduate From a Korean University?
Now return to the period before James established his company.
Suppose he was developing the AI inventory management program while studying at a Korean university and was approaching graduation.
He was still staying in Korea under D-2 student status.
Although his software development had progressed, he had not yet received his degree.
In this situation, two dates deserve particular attention.
The first is the expected date on which the university will award his degree.
The second is the expiration date of his current authorized period of stay.
Suppose James expects to receive his degree next month, but his authorized stay expires before the degree is awarded.
He should not simply assume that he can wait until graduation before considering his immigration options.
Instead, he needs to determine which immigration applications, if any, are available to him under his existing status before that period expires.
Even if his authorized stay extends beyond the date of graduation, he must separately establish which activities remain permitted under his D-2 status after completing his studies.
The difference between a degree certificate and a certificate of expected graduation is also important.
The latter confirms an anticipated educational outcome. The former establishes that the qualification has actually been awarded.
D-10-2 and D-8-4 may apply different educational and documentary requirements depending on the application route.
An expected graduation certificate alone therefore does not establish eligibility to apply for either category.
James must examine his existing status, academic qualifications, startup circumstances, and whether an in-country change of status is available under the applicable rules.
Preparing a technology startup is not only about software development.
The dates on which the founder obtains a qualification and their immigration permission expires can also affect the practical sequence of preparations.
How Should the Business Plan and Supporting Documents Be Compared?
James has now collected several documents relevant to his startup.
These may include records showing his current immigration status, a business plan describing the AI inventory management service, OASIS completion materials, patent application records, technical descriptions, and corporate registration documents.
Not every foreign founder will need all of these documents.
For someone considering D-10-2 before incorporation, the relevant qualifications and evidence of startup preparation activities require attention.
For someone considering D-8-4, the documents will depend on the applicable educational or recommendation route, technological requirements, and corporate circumstances.
The actual list of mandatory documents must be determined for the application route being used.
But even when James has collected the relevant materials, another problem may arise.
Suppose his business plan still uses an old product name, while the software is now marketed under a different name.
The first question is whether only the name has changed or whether the product itself has changed.
If the functions remain the same, comparing the existing business plan with the current technical documents may identify which descriptions should be updated.
However, a change to the software's actual capabilities requires a different explanation.
Imagine James initially developed a simple program that displayed the quantity of stock held by a store.
Later, he added functions that analyze sales data and recommend when additional stock should be ordered.
This is more than a product name change.
The business plan should distinguish the original functions, the features that have now been implemented, and any functions still scheduled for development.
Development records, prototype screenshots, and technical descriptions may help establish the current state of the software.
The same principle applies when the documents identify different parties.
James may be the individual who filed the patent application, while SmartRetail Co., Ltd. is the corporation planning to provide the service.
The business plan should explain the relationship between the technology developer and the commercial service provider.
Another detail is the spelling of the founder's name.
Suppose James's passport uses one spelling or order of his English name, while his degree certificate or government recommendation displays it differently.
Before preparing an application, he should establish whether the documents identify the same individual.
Depending on the receiving authority's requirements, additional explanatory materials, translations, or certification documents may be necessary.
Altering the name on an original certificate without authorization is not an appropriate way to resolve the discrepancy.
The aim of comparing documents is not to make every document look identical.
It is to ensure that each document accurately supports the facts relevant to the chosen application route.
Sometimes the necessary correction is a product name.
Sometimes it is an explanation of technological development.
In other circumstances, the applicant may need to clarify the relationship between an individual founder, the technology, and the corporation that intends to commercialize it.
These distinctions help identify what can already be demonstrated and what still requires further evidence or explanation.
Where Should a First-Time Foreign Founder Begin?
Let us return to James's original question.
He has developed an AI inventory management system and wants to establish a business in Korea.
Should he begin with D-10-2, or should he consider D-8-4?
The starting point is not simply the name of the visa.
It is the founder's actual circumstances.
James should first establish his present immigration status and the expiration date of his authorized stay.
He should then consider how far his technology has progressed and whether he has already incorporated a company in Korea.
If he is still preparing a technology-based startup before incorporation, D-10-2 may be a relevant route to examine, subject to his qualifications and the applicable eligibility criteria.
If he has established a relevant corporation, D-8-4 may be worth considering.
However, incorporation alone does not establish eligibility. Depending on the route, his academic qualifications or official government recommendation, technological evidence, corporate records, and applicable points-based or exemption conditions may all need attention.
If he acquired an existing company, as Bruce did, he must also consider whether the route requires the applicant to establish a new corporation directly.
What can James prepare himself?
He can begin by examining documents showing his immigration status and authorized period of stay.
If he already has a degree certificate, OASIS completion certificate, or patent-related records, he can organize the materials he possesses.
His business plan should identify what the software currently does and what remains under development.
If the company has been incorporated, its corporate registration record can help establish when it was formed, who represents it, and what business purposes are registered.
If James intends to begin providing paid services, he should also compare the planned start date with the activities permitted by his immigration status.
When he places these documents together, he may discover that the application requires more than collecting certificates.
For example, a patent application might identify James personally, while a customer contract identifies SmartRetail Co., Ltd.
Or the current prototype may perform functions that are not accurately described in the original business plan.
In such cases, the relevant names, dates, technological descriptions, and corporate information should be compared to identify what requires correction or further explanation.
An Administrative Attorney may assist, within the applicable legal and authorized scope of practice, by organizing the relevant facts and preparing or submitting permitted immigration applications and related administrative documents.
Corporate registration, patent prosecution and representation, and tax filings are distinct professional matters. The scope and cost of each service should be confirmed separately.
If you are considering D-10-2 or D-8-4 for a technology startup in Korea, you can begin with documents showing your current immigration status and authorized period of stay, a brief description of your product or service, and any academic, OASIS, patent, or corporate documents you already possess. Ethos Administrative Attorney Office offers a free preliminary review to identify the immigration routes and basic conditions that should be examined first, together with any additional documents or authorities that may need to be consulted. Preparation and submission of administrative documents within the legally permitted scope are separate paid services, subject to agreement on the work and fees.
Three key points
D-10-2 concerns qualifying technology startup preparation activities, while D-8-4 concerns eligible founders of technology-based corporations. D-10-2 is not a mandatory preliminary step for every D-8-4 applicant.
The appropriate route depends on the applicant's current immigration status, educational qualifications or official recommendation, technological evidence, corporate establishment circumstances, and applicable points-based or recognized exemption requirements.
Comparing the business plan with academic, patent, technological, and corporate records helps identify which facts are already supported and which conditions or documents require further examination.