Foreign nationals with a bachelor’s degree or higher, or a Korean associate degree, may apply for D-10-2 status to prepare a technology start-up. The permitted stay depends on the qualifying ground, such as holding or applying for intellectual property rights, or participating in or completing OASIS training. Those planning to change to D-8-4 must use the preparation period to meet its mandatory and total-points requirements.
D-10-2 eligibility
D-10-2 is available to holders of a bachelor’s degree or higher, or a Korean associate degree, who meet one of the following criteria (as of 2026): 1) ownership of a Korean patent, utility model or design right, or a pending application for which examination has been requested; 2) current participation in an OASIS course run by a Global Start-up Immigration Center jointly designated by the Ministry of Justice and the Ministry of SMEs and Startups, or completion within the past three years; 3) participation in the K-Startup Grand Challenge with a recommendation from the head of the Korea Institute of Startup and Entrepreneurship Development; or 4) ownership of intellectual property rights in an overseas OECD country. An OASIS course completed more than three years ago does not qualify unless the applicant is retaking it.
Common disqualification grounds include a sentence of imprisonment or more severe punishment within five years before applying, a criminal fine of KRW 3 million or more within three years, or immigration penalties meeting the stay-restriction thresholds.
Start-up preparation activities and stay periods
D-10-2 permits immigration training for entrepreneurs, preparing and filing patent and other IP applications, and preparations to incorporate a company. Internships are restricted, and the part-time work exception for D-10-1 holders does not apply. Applicants planning to fund their preparation period through internships or part-time work in Korea will therefore need another source of living expenses.
A stay of one year per grant, up to three years in total, is available to applicants with at least 35 start-up immigration points, recommended K-Startup Grand Challenge participants, holders of Korean patent, utility model or design rights, and holders of IP rights in overseas OECD countries. Applicants with pending IP applications, OASIS participants and graduates, and those meeting at least one mandatory points item may receive six months per grant, up to one year in total (as of 2026).
Points required for D-8-4
D-10-2 covers preparation before operating a business. A change to D-8-4 requires at least one mandatory item and a total of 60 out of 300 points under the start-up immigration points system (as of 2026).
Mandatory items include 1) holding IP rights (60 points for a patent; 30 for a utility model or design) or being the inventor of registered IP (30 points for a patent, for example); 2) receiving government start-up support or completing an advanced OASIS course (30 points); 3) at least three years under E-1 or E-3 status (30 points); or 4) attracting investment of at least KRW 100 million (60 points). Optional points are available for individual OASIS courses, Korean proficiency and a master’s degree or higher. Patent registration, OASIS completion and investment secured during D-10-2 stay can count towards the D-8-4 score. Each planned activity can therefore be assessed for whether it meets a mandatory item or adds to the total.
Graduates of Korean universities with a master’s degree or higher, or a bachelor’s degree and OASIS points, may also consider the D-9-5 sole-proprietor route. The requirements to examine depend on whether the intended business will operate as a technology start-up company under D-8-4 or a sole proprietorship under D-9-5.
Stay periods for pending and registered patents
An OASIS participant with a pending patent application and an expiring D-2 stay could apply for D-10-2 on the pending-application ground, receiving six months per grant up to one year. Patent registration or a score of 35 would instead allow the one-year-per-grant category, up to three years. Waiting for registration to secure a longer preparation period may, however, extend beyond the current stay. The expected registration timeline and the stay expiry date therefore affect when the application can be made.
The patent examination stage and OASIS completion date establish which qualifying grounds the applicant can currently prove. The application may need to rely on the pending patent, or there may be time to secure registration or 35 points before the current stay expires. Those dates determine the available application ground and expected stay period. The applicant must also check whether an OASIS course was completed within the preceding three years.
OASIS completion and the start-up timetable
The start-up timetable must include both the D-10-2 application and the date by which a mandatory D-8-4 item can be met. Applying for D-10-2 before the current stay expires secures only the preparation stage. The later change depends on completing the patent registration, OASIS training or investment needed for a mandatory item and 60 points within the available preparation period.
Frequently asked questions
Law Firm Lawyeon Immigration Law Center provides legal services specialized in the integrated handling of Korean immigration and visa matters together with criminal cases and immigration-violation reviews, built on extensive case experience, professional networks, and practical knowledge.
The Center brings together attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim, criminal-law specialists with extensive immigration advisory experience, and Senior Advisor Taemin Ahn. Mr Ahn has served at the Seoul Global Center, headed a Ministry of Justice Global Start-up Immigration Center, and served on the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. Together, they established Law Firm Lawyeon's dedicated immigration practice.
In particular, for departure orders and entry-ban dispositions that follow a final criminal conviction, the Center presents effective solutions through an integrated strategy spanning criminal defense, objections to the disposition, and applications to lift the entry ban, and it supports stable business activity in Korea by managing many clients' immigration risk.
This article is intended as general information about the relevant legal framework and is not legal advice on any individual matter. Determinations concerning immigration status may differ depending on specific facts such as residence history, income and contractual relationships. If your situation requires individual review, you may request a consultation with the Immigration Law Center of Law Firm Lawyeon (lawyeon-immigration.com).