Can an E-2 visa be issued for more or less than one year?

[21 grams]

It's my understanding that E-2 visas can only be issued for one year.  However, a potential employer would like me to sign a contract for 15 months, so that my employment will be synchronized with the kindergarten's term schedule.  I brought up this issue with my recruiter, asking her to call immigration to find out for sure what the deal is. This was her reply:

First of all, immigration office said there is no limit on a contract duration and after checking E2 Visa documents, they will
decide your E2 duration. Which means you could get 15~16 months of stay by immigration and Korean consulate.

I fully intended on staying in South Korea for two years when I came here, so it's not strictly the length of the contract that I'm concerned about.  It just seems to add unnecessary complications.  For example, I'm not sure when I would be entitled to my 1 month's severance pay, at the one year mark or at the end of the contract.

Does anyone have the final word on the legality of this issue, or any advice on how to make sure the contract is formulated to fairly reflect the duration? 

[archaeologist]

Techincally, an E-2 visa is a 1 year visa. You can apply for an extension at the end of 12/13 months to cover the rest of the time period. How immigration does shorter terms I am not aware but traditionally 1 year is what you get. I said 13 months because teachers have been getting an extra month by immigration  to handle their affairs at the end of their contract.

[steveperry]

According to the immigration website an E-2 can be issued for up to a maximum of 2 years. However, I personally have never heard of a school offering a contract that was longer than 1 year.

[tfuller]

I originally arrived on an E-2 visa that was 9 months in length. I then extended for two periods that were exactly 12 months. Don't know if this helps.

[Davey]

According to the immigration website an E-2 can be issued for up to a maximum of 2 years. However, I personally have never heard of a school offering a contract that was longer than 1 year.

There's your answer for more than a year.

Less than a year? Teachers under the TALK program have E2 visas and are on 6-month contracts.

[archaeologist]

According to the immigration website an E-2 can be issued for up to a maximum of 2 years. However, I personally have never heard of a school offering a contract that was longer than 1 year.

Do you have a link for that? it was a big deal a couple years ago when they extended the E-2 to 13 months.

I have heard of a 2 year contract by a school ONCE. That was about 10 years ago.

[steveperry]

According to the immigration website an E-2 can be issued for up to a maximum of 2 years. However, I personally have never heard of a school offering a contract that was longer than 1 year.

Do you have a link for that? it was a big deal a couple years ago when they extended the E-2 to 13 months.

I have heard of a 2 year contract by a school ONCE. That was about 10 years ago.

Yes it was a big deal, but the law never used the words "13 months" or "1 year". The original wording was that the visa length would be the same as the contract length. The revised law changed that to contract length + one month (up to a maximum of 2 years).

Here's a link.

http://www.hikorea.go.kr/pt/NtcCotnDetailR_kr.pt?bbsGbCd=BS10&bbsSeq=1&langCd=KR&ntccttSeq=163

The relevant section is here.

사증발급인정서 발급 시 계약기간에 1개월을 추가한 기간(계약기간 + 1개월)을 체류기간으로 부여(최대 2년 범위 내)

There is no mention whatsoever that one year is a required contract length. It just says that 2 years is the maximum.

So it does seem possible that immigration might grant you a 2 year visa as long as you can find a school that is willing to give you a 2 year contract. However, since one year contracts have become such a standard in the Korean ESL industry I wouldn't be surprised if many schools, recruiters, even many immigration officers didn't know that it's possible or how to do it.

[21 grams]

Thank you all for pretty well settling the question of longer visa legality. 

Now for the tougher part: in terms of my contract, am I entitled to severance pay and a vacation flight home at the end of twelve months or only at the end of the contract (15 months)? 

[steveperry]

Severance pay is part of Korean labor law. You will be legally entitled to severance pay when you leave the school provided that you worked there for a minimum of one year. Flight tickets are a contract issue. It totally depends on what you and the school agree to in the contract.

[cruisemonkey]

With regard  to severance, you are possibly better off signing a 15-month contract than a 12-month contract:

If you sign a 12-month contract, then extend it for 3 months the employer may pay your severance after the first twelve months and you will not be elegible for severance for the last three months. If the employer pays severance at the end of the fifteen months, the last three months will be pro-rated.

With a 15-month contract, the employer has no choice.

[modernseoul]

I have a E2-1 visa which is valid for 13months, so yes you can have E-2 visas longer than a year.