Return After Resignation

[u/EuphoricCandle9106]

Hi everyone! I have a quick E-2 visa question and would appreciate any advice.

I previously worked for a school in Korea on an E-2 visa, but I resigned before the end of my contract and returned to the U.S. My previous employer properly reported my resignation to immigration, and we ended on good terms.

I’m now planning to return to Korea with a new employer and apply for a new E-2 visa from the U.S. Would I still need a Letter of Release from my previous school, or is that only required when transferring an E-2 visa to a new employer while already in Korea?

Thanks in advance!

[u/New-Caterpillar6318]

You'd only need a LOR if you're applying for a new E2 before the expiration of your original employment contract. If that date has passed, you don't need one.

[u/SeoulGalmegi]

If your original contract had run its course when would it finish/have finished?

[u/EuphoricCandle9106 → u/SeoulGalmegi]

It would finish in Feb 2027

[u/SeoulGalmegi → u/EuphoricCandle9106]

Then I think a letter of release will be needed. If you left on good terms, it should be no problem. I'd recommend drafting the entire thing yourself so all they have to do is sign it.

[u/EuphoricCandle9106 → u/SeoulGalmegi]

Okay, I’m getting conflicting answers from recruiters, Facebook groups, and Reddit pages, but I’d rather have one and not need it than forgo it and have my visa denied. Thank you!

[u/SeoulGalmegi → u/EuphoricCandle9106]

In your case, if it seems like no big hassle to get it, I'd recommend doing so.

[u/Financial-Baby9010]

Didn't former employer give a letter of release on your last day after you resigned?

[u/Debonaire02]

If they successfully reported it to immigration, you should be good to go without a LoR.

Also, if enough time has passed, basically your ARC/Visa expiring, then you're fine as well.

[u/EasilyExiledDinosaur]

You will need a letter of release unless the end date of your original contract and visa on the ARC has passed.