This ‘Procedures Guide’, presented as an easy and quick read for its users, is a joint effort between the International Organization for Migration (IOM), the International Labor Organization (ILO) and the Mexican National Institute of Migration (INM); agencies whose priority is to share data about migration procedures regarding employment to foreigners and Mexico-based employers.
The guide’s five sections detail the administrative procedures required for an orderly, safe and regulated migration, in agreement with the Mexican State’s New Migration Policy 2018-2024. The first section concerns foreign individuals outside Mexico, on whose behalf employers request a visa by job offer to the INM. To give an idea of its importance, in the last six years, up to August 2019, there have been 253,443 requests for this kind of visa, concerning foreign individuals from 173 countries.
The second section refers to foreigners with a regular migratory status as temporary residents –visitors or students- without permission to perform remunerated activities that nonetheless need to work within Mexican territory, which requires a specific work permit from the INM. In the aforementioned period, there have been 18,367 applications for this permit made by foreign individuals from 132 countries.
The third section focuses on employers: individuals and business legally established in our country that need to hire foreign labor. This requires a Certificate of Registration of the Employer (CIE) from the INM, which enables them to issue job offers. In the aforementioned period, there have been 147,878 requests to acquire or update the CIE, which was granted to 57 012 employers.
The fourth section regards the migration procedure implemented in our country’s Southern Border, through the Visiting Border Worker Cards (TVTF), allowing Guatemala and Belize nationals to work in the Campeche, Chiapas, Tabasco and Quintana Roo states. 96,292 TVTFs have been issued in the last eighty months, which encourages temporary labor and regional development.
The last section addresses the obligation of temporary and permanent foreign residents to inform the INM on any changes to their marital state, name, nationality, address or workplace. There have been 108,688 application for workplace changes from 74 680 foreign individuals, which shows the labor mobility they have enjoyed in our country.
Lastly, we hope this Guide transcends its written form and becomes a practical tool for every reader. Keep in mind this is a handy information source for the requirements of any new migration procedure you need to bring to the INM.
INTRODUCTION
This guide’s main objective is to provide information about the requirements and procedures applicable to foreigners of any nationality who wish to perform remunerated activities in Mexico. The guide is addressed to foreigners with a regular migratory status in Mexico and to those outside the Mexican territory.
It also intends to give information and guidelines to private employers, -legally established individuals and businesses – that wish to obtain the Certificate of Registration of the Employer (CIE) issued by the National Institute of Migration (INM), which allows them to hire foreign workforce as required.
The Guide is divided in five sections, addressing the different procedures to apply for resident or visitor visas with permission to perform remunerated activities, as well as the requirements for employers seeking to hire foreign labor.
- Foreign individuals located outside Mexican territory.
- Foreign residents with a regular migratory status without permission to perform remunerated activities.
- Individuals and businesses legally established in Mexican territory.
- Other Procedures (Visiting Border Worker’s Card TVTF).
- Obligations of foreign individuals residing in Mexico.
The above stands in accordance to the migration policy enacted by the Mexican State, intended to encourage an orderly, regulated and safe international migration, as established in the Global Compact for Migration, as well as the principles stated in article 2 of the Migration Law, especially regarding the following issues:
To encourage international migration while safeguarding order and security;
Labor market complementarities between participating countries, so as to adequately manage labor migration according to the nation’s needs;
National-foreigner equity, as indicated in the Mexican Constitution, especially as regards individual rights for both Mexican nationals and foreign individuals, and
Unfailing respect for the human rights of migrants, local or foreign, regardless of their origin, nationality, gender, ethnicity, age or migration status, with a special focus on vulnerable groups such as minors, women, indigenous peoples, teenagers and senior citizens, as well as crime victims.
IMPORTANT:
The migration status conditions that allow performing remunerated activities are as follows:
• Temporary resident, whose card expressly states the owner, enjoys a working permit.
•Temporary student resident, only as long as the work performed relates to their undergraduate, postgraduate or research studies: the migratory permit will include a legend to this effect.
•Visitor with permission to perform remunerated activities, for stays of 180 days or less
•Visitors for humanitarian reasons, visiting border workers and permanent residents are implicitly given a job permit, even if their migration papers don’t clearly state as such.
A. FOREIGN INDIVIDUALS OUTSIDE MEXICAN TERRITORY PROCEDURE FOR A VISA BY JOB OFFER: (APPLYING TO BECOME A TEMPORARY RESIDENT OR VISITOR WITH PERMISSION TO PERFORM REMUNERATED ACTIVITIES
This type of visa applies when you live outside Mexico and the employer (be it an individual or business) offers you a job in our national territory. Should the job offer exceed 180 days, you must apply for a Temporary Resident visa. If the job offer is to work for less than 180 days, you require a visitor’s permit to perform remunerated activities.
Please bear in mind:
The employer will have to apply for a visa by job offer before any of the INM offices in Mexico.
The employer must inform you that the INM issued a letter authorizing the consular interview to be carried out, so you must go to the Consular Representation of Mexico with said document to schedule an appointment to conduct the interview. You can also apply online the Mexitel website.
If the consular interview is satisfactory, the immigration authority will issue the visa within the next 10 business days from the day the interview was held.
TO APPLY FOR A VISA AS A TEMPORARY RESIDENT OR VISITOR WITH PERMISSION TO PERFORM REMUNERATED ACTIVITIES IN MEXICO, YOU MUST COMPLY WITH THE FOLLOWING PROCEDURE:
During your consular interview you should deliver the following:
A visa application form for the consular office, which you can find in the Secretaría de Relaciones Exteriores (SRE) webpage, or in the consular offices themselves. A photocopy of the authorization letter from INM. A valid, current passport or travel ID, with a legible copy attached.
Any information requested during the interview, such as personal data, reason to travel and any additional particulars as required.
A recent, full-face, passport sized color photo, without glasses, on a white background.
Payment of visa emission rights.
IMPORTANT INFORMATION:
The visa application format is available on the SRE website (https://consulmex.sre.gob.mx/montreal/images/pdf/ documentation/Request_visa_ESP. Pdf).
The authorization letter of the INM with which you must go to a Consular Representation of Mexico to schedule an appointment to conduct the interview is valid for 30 business days.
Once requested, the temporary resident visa or visitor’s permit to perform remunerated activities are valid for 180 days from
the day after the employer is notified of the authorization for a consular interview.
The consular interview may take place in the Mexican Consular Offices of your country of residence, and you must deliver the migration papers validating your legal residence in said country, plus a copy thereof.
PROCEDURE TO OBTAIN A MULTIPLE IMMIGRATION FORM FOR EXCHANGE
Once you obtain the temporary residence visa and travel to Mexico, when you enter the country migration authorities shall give you a Multiple Migration Form (FMM), marked for exchange and valid for 30 calendar days. Within this time, you must show up at the Application Services Office closest to your address, to exchange the FMM for a temporary residence card and work permit to validate your regular stay in Mexican territory.
The INM has 32 Offices across the nation, which manage 126 Application Services Offices, where you may file for your Multiple Immigration Form for Exchange.
https://www.gob.mx/inm/es/acciones-y-programas/horario-y oficinas-del-inm
Allow 15 business days response time to obtain your
temporary resident card.
YOU MUST FULFIL THE FOLLOWING REQUIREMENTS:
1. Present your valid passport or travel ID and a copy thereof, plus the visa issued by the Mexican Consulate.
2. The valid FMM you received upon arrival to Mexico.
3. The basic form, filled correctly.
4. Receipt of due payment.
5. Three 1R pictures, two facing front and one of your right profile, on a white background, with visible brow and ears, with no earrings or glasses.
PLEASE BEAR IN MIND
Instant photos will not be accepted.
You must fill and print the application form, available at the following web address:
https://www.inm.gob.mx/tramites/publico/estancia.html
What do you wish to do? Exchange or replace migration papers Specify: Exchange FMM for a visitor or residence card.
You should fill, print and present the basic form, also available at the INM webpage by selecting the arrow located in the Downloads section:
https://www.gob.mx/inm/documentos/informacion-formato-basico
You will provide your fingerprints, pictures and signature in the presence of the migration authority that will supply the corresponding card.
If you are the holder of a visitor’s visa with permission to perform remunerated activities, you may remain in Mexico for up to 180 days without needing to perform the exchange procedure. The paper to validate your stay in Mexico will be the FMM given at your arrival to the country.
B. FOREIGN RESIDENTS WITH A REGULAR MIGRATORY STATUS WITHOUT PERMISSION TO PERFORM REMUNERATED ACTIVITIES PROCEDURE TO OBTAIN A JOB PERMIT
If you currently reside in Mexico and own valid migration papers for your stay in Mexico as a temporary resident or temporary student, you can apply for a job permit at any of the INM Representative Offices across the country.
This procedure should be resolved within 20 business days after your application.
TO THIS END, PLEASE PROVIDE THE FOLLOWING DOCUMENTS:
1. Your valid temporary resident or temporary student card; 2. Receipt of due payment;
3. A job offer from a legally established individual or business, stating the following:
• Job description.
• Period of employment.
• Remuneration (wages).
• Workplace.
• Data from the Certificate of Registration of the Employer (CIE).
Should you need to engage in independent activities, you must provide a letter under oath stating the job you will perform and where it will take place, attaching proof of enrollment in the Federal Taxpayers Registry (RFC).
If you enjoy a Temporary Student Residence, besides requirements 1, 2 and 3, you must deliver an acceptance letter from your academic institution, explicitly stating it has no reservations about you performing remunerated activities.
BEFORE SHOWING UP AT INM OFFICES, PLEASE BEAR IN MIND:
As a temporary student resident, you may only obtain a work permit if you are an undergraduate, graduate, postgraduate or research student, and only if your job pertains strictly to your area of study.
Should you need to deliver your application through a proxy, they will have to provide a power of attorney along with their valid ID.
The INM may perform confirmation calls to verify the job offer and your employer’s existence.
Migration authorities may emit either of these resolutions:
Positive: You will be given new migration papers stating you have a work permit, which will require you to provide a duly filled basic form after receiving your card.
Negative: You will be given a resolution, duly founded and explained, returning your resident card if still valid, so you can retain your previous resident status.
PROCEDURE TO EXCHANGE A TEMPORARY STUDENT STATUS TO TEMPORARY RESIDENT, SO AS TO ENGAGE IN REMUNERATED ACTIVITIES UNRELATED TO THE STUDIES.
If you currently reside in Mexico and hold valid migration papers for your regular stay as a temporary student resident, and you wish to change to a temporary resident, at any time you may obtain a new card valid for 1 to 3 years depending on the conditions of the job offer extended by a legally established individual or business that has obtained a Certificate of Registration of the Employer (CIE) by the INM.
This procedure should be completed within 20 business days after receiving your application.
TO THIS END, PLEASE PROVIDE THE FOLLOWING DOCUMENTS:
1. Valid passport or travel ID and a copy thereof.
2. Receipt of due payment for the assessment of your status change application.
3. Valid temporary student card.
You must prove the assumption of a job offer by providing the following:
a. The job offer in letterhead paper, provided by a legally established individual or business, formally established in Mexican territory, stating:
• Job description.
• Period of employment.
• Wages.
• Workplace.
• Data of the CIE issued by the INM.
IMPORTANT INFORMATION:
Should your application be given a positive verdict, you must provide the following documents to obtain your new migration papers:
1. Notificación de la autorización de la condición de estancia.
2. Comprobante que acredite el pago de derechos.
3. Formato Básico debidamente llenado.
4.Tres fotografías tipo infantil con las especificaciones correspondientes. (tamaño 2.5×3 cm.), dos de frente y una de perfil derecho de la cara fondo blanco, con la frente y las orejas descubiertas, sin aretes y sin anteojos.
Keep in mind that, after changing your status from temporary student to temporary resident, you still need to report to INM after any changes in your name, marital status, nationality, home address or workplace. Should you fail to, you will be entitled to the penalties provided for in the law.
Remember you may also work at Government offices, International Organizations or Diplomatic Delegations, as long as they apply for the corresponding CIE before the INM.
C. INDIVIDUALS AND BUSINESSES LEGALLY ESTABLISHED IN MEXICO PROCEDURE TO OBTAIN THE CERTIFICATE OF REGISTRATION OF THE EMPLOYER (CIE)
If you are a legally established natural or legal person in Mexico wishing to hire foreign staff, you should apply at the INM’s Application Services Office for your Certificate of Registration of the Employer.
Migration authorities should deliver your document within 10 business days. INM is enabled to perform migration confirmation calls on the employers, to verify their legal establishment and bring legal security for the foreigner that will work there.
IF A LEGAL PERSON, PLEASE PROVIDE THE FOLLOWING:
1. The companies’ charter or a public instrument validating the entity’s legal existence, with attached modifications if any.
2. A public instrument stating the entity’s constitution and the faculties of its legal representatives, should the charter not include them.
3. A valid official ID of the entity’s representative or stand-in.
4. A proof of address of the entity, no older than 30 days.
5. A certificate of enrollment in the Taxpayers’ Federal Registry, plus a certificate from the corresponding authorities, showing the entity’s latest tax returns.
6. A list of employees and their nationality.
IF A NATURAL PERSON, PLEASE PROVIDE THE FOLLOWING:
1. Valid official ID.
2. Proof of address, no older than 30 days.
3. Certificate of enrollment in the Taxpayers’ Federal Registry, plus a certificate from the corresponding authorities showing your latest tax returns.
BEFORE SHOWING UP AT INM OFFICES, PLEASE BEAR IN MIND
You should always record your company’s fiscal address. Should you have several offices or addresses, you should register those where foreigners are currently working, and the personal data of each of these offices’ representatives.
A CIE allows the employer to validate their legal persona and faculties, as well as their company’s regular operation, so that future visa application procedures require only providing the updated document.
PROCEDURE FOR THE YEARLY UPDATE OF THE EMPLOYER ENROLLMENT CERTIFICATE
Once you have your CIE, it’s your job to keep the registry information up to date, either as a legal or human entity, by performing the yearly update of your CIE at the INM Application Services Offices.
You will have a decision in 10 business days.
PLEASE PROVIDE THE FOLLOWING:
1. In case of change of legal representative or proxy:
• A public instrument stating the entity’s type of government and the faculties of its legal representatives should the charter not include them.
• An official, valid ID of the representative or proxy.
2. If the address changes, a proof of address no older than 30 days.
3. A certificate of the entity’s latest tax returns.
PLEASE BEAR IN MIND:
Employers must notify changes of address or representatives within 30 days of the change, by attaching the corresponding public instruments.
Tax returns should be updated yearly, to confirm that the company or institution keeps its regular operations.
The CIE should be updated within 30 days of the change requiring the update.
INM shall hold the information provided as valid, so it falls to the employer to keep the registry information up to date.
PROCEDURE TO OBTAIN A TEMPORARY RESIDENT OR VISITOR WITH PERMISSION TO PERFORM REMUNERATED ACTIVITIES STATUS, RELATED TO A VISA BY JOB OFFER PRESENTED TO THE INM.
If you are a legally established individual or business in Mexico, and wish to extend a job offer to a foreigner, you must motion for one of the following visas at the INM Application Services Offices:
• Temporary Resident visa with a work permit: if you want the foreigner to remain longer than 180 days in Mexican lands. • Visitor’s permit to perform remunerated activities: If you intend for the foreigner’s stay to remain under 180 days.
As established in the corresponding migration procedure, the timeframe for a resolution lies within 20 business days after application.
TO PERFORM THE PROCEDURE, PLEASE PROVIDE THE FOLLOWING:
1. Official, valid ID of the individual or business’ representative, plus a copy thereof.
2. The original job offer on letterhead paper, stating the activity to be performed by the foreigner, according to the National System of Job Classifications or its equivalent, and including:
• Integrated or minimum wages.
• Job description.
• Period of employment.
• Workplace.
• Data from the Certificate of Registration of the Employer.
3. A copy of the Certificate of Registration of the Employer as provided by INM.
4. Legible copy of an internationally valid passport or travel ID of the foreigner the visa applies to.
PLEASE BEAR IN MIND:
Make sure the job offer’s recipient hasn’t a pending application before the INM for a temporary resident or visitor with permission to perform remunerated activities visa by job offer.
The work permit is given within for the corresponding occupation determined by the National Industry Classification System (SINCO) or its equivalent
A work permit, or the expedition of a residence status including the right to perform remunerated activities, does not imply the recognition of certificates, licenses, titles, permits, assessments or any kind of endorsement from migration authorities on the foreigner’s proficiency or ability to perform the tasks required by the employer.
It falls on the foreigner to obtain the certificates,
licenses, titles, permits or assessments as required by the activity to be performed. It falls on the employer to verify the applicant has them, or to obtain them if needed.
D. OTHER PROCEDURES (VISITING BORDER WORKER’S CARD-TVTF) PROCEDURE TO OBTAIN A VISITING BORDER WORKER’S CARD
Should you reside in Guatemala or Belize and have a job offer, you may obtain this status to enter, traverse and work at the following states: Campeche, Chiapas, Quintana Roo and Tabasco.
This procedure is resolved immediately and you can apply for it at international point of entry by land within the states of Chiapas, Quintana Roo or Tabasco.
The application provides you with migratory status valid for 1 year, which you may renew after this time, as long as you still fulfill the established legal requirements.
TO PERFORM THIS PROCEDURE, PLEASE PROVIDE THE FOLLOWING:
a. Belize residents:
• Valid passport or travel ID.
b. Guatemala residents:
• Valid Identity Card, Personal ID (DPI), passport or travel ID. c. Both cases:
1. A job offer signed by the employer or representative, previously registered with a CIE, stating:
• Integrated or minimum wages.
• Job description.
• Period of employment.
• Workplace.
• Data from the Certificate of Registration of the Employer. 2. Receipt of due payment.
3. Three 1R pictures of the applicant, two frontal and one of the right profile, on a white background, with visible brow and ears, and no earrings or glasses.
BEFORE SHOWING UP AT INM OFFICES, PLEASE CONSIDER:
If you have a family (a spouse or underage children) you can submit documentation that prove your relation and bring them with you, as long as you fulfill the requirements: this will make them eligible for a TVTF too.
You will be interviewed to obtain some personal information. Also, some data will be digitally collected, including:
Facial scan.
Full fingerprints (thumb, index, middle, ring and little finger) from both hands.
Iris scans.
Digital signature.
You should know that children under 4 years old will only have an image capture of their face.
If you receive a favorable answer, you will be immediately issued a Visiting Border Worker’s Card – TVTF. Otherwise, you will receive a duly founded and motivated refusal detailing the cause of rejection.
If the remuneration you will receive is equal to the current minimum wage in the region where you will provide your services (currently the Unit of Measurement and Update, UMA), you will be exempt from the payment of fees.
E. OBLIGATIONS OF FOREIGN RESIDENTS IN MEXICO PROCEDURE TO NOTIFY CHANGES BEFORE THE INM
If you are a foreigner staying in Mexico as a temporary resident, temporary student or permanent resident, you must notify your local INM Representative Offices of any changes in your name, marital status, nationality, address or workplace.
TO FULFIL THIS REQUIREMENT, PLEASE PROVIDE THE FOLLOWING:
1. A signed letter, declaring under oath the kind of change undertaken, expressly stating the previous data and the corresponding new ones.
2. Original residence card and copy.
3. For a marital status change, a wedding certificate, divorce papers or your spouse’s death certificate.
4. For a change of nationality, the new nationality’s passport, nationality certificate or naturalization letter.
5. For a name change, a passport or travel ID with the new name, and a document provided by your national authority, legally stating the name change.
If you change your name, INM can provide new migration papers as long as you notify your name change and then apply for the corresponding update, which shall contain your new name.
PLEASE BEAR IN MIND:
If you have more than one nationality, you should state so, and state which one is to be considered for your registry and stay in Mexican territory.
You must fulfill these requirements within 90 days after the changes take place. Otherwise, INM may impose a fine, according to Art. 158 of Migration Law.1
1. Fines described in Article 158 of Migration Law run from 20 to 100 days of current minimum wage (currently UMA) in Mexico City, and are incurred for neglecting to provide information on the aforementioned changes within the required timeframe of 90 days.
GLOSSARY OF TERMS
BASIC FORM: Information collected for the issuance of migratory status. CIE: Certificate of Registration of the Employer
FMM: Multiple Migration Form.
INM: National Migration Institute of Mexico, Instituto Nacional de Migración.
JOB: The total of tasks and endeavors performed by, or expected to perform for an employer by an individual.
MIGRATION PROCEDURE: Any application or providing of information by human or legal entities before migration authorities, so as to fulfill an obligation, obtain a service or benefit in the migration area, expecting a resolution, including any documents such entities must keep, excluding such papers or data as need only be provided as required by INM.
RESIDENCE STATUS: A foreigner’s status according to their intention of residence, and in some cases to the activities they will perform in the country, or humanitarian or international solidarity criteria.
SRE: The Mexican Department of Foreign Affairs.
TRAVEL ID: Official identification papers provided by a State or International Organization recognized by the Mexican Government, which may be used by the holder in international travel.
TVTF: Visiting Border Worker Card.
UMA: Measure and Update Unit: the economic benchmark, in pesos, to establish the amount of payment of reparations and liabilities according to federal law, as well as the legal dispositions springing thereof.
VISA: The authorization from a consular office stating the validity of requirements to allow a person’s stay in the country, expressed through a document printed, attached or stuck to a passport or other papers. A visa may also be granted through digital records and media, being thus labeled as a virtual or electronic visa, authorizing the foreigner to show up at an international point of entry and request their stay according to the visa type, as long as the other legal requirements for said stay are fulfilled.
RESOURCES AND INFORMATION INM CALL CENTRE:
USER SERVICE FOR INM: 800 00 46264
INM OFFICIAL WEBPAGE: https://www.gob.mx/inm
INM REPRESENTATION OFFICES ADDRESSES
https://www.gob.mx/inm/acciones-y-programas/horario-y-oficinas-del-inm
INM OFFICIAL DIGITAL PLATFORM FOR MIGRATION PROCEDURES https://www.gob.mx/inm/es/acciones-y-programas/tramites-migratorios
TRÁMITES MIGRATORIOS
VISA BY JOB OFFER AUTHORISATION (TEMPORARY RESIDENTS AND VISITOR’S PERMITS TO PERFORM REMUNERATED ACTIVITIES) https://www.gob.mx/tramites/ficha/visa-por-oferta-de-empleo/INM73
MULTIPLE IMMIGRATION FORM BY EXCHANGE
https://www.gob.mx/tramites/ficha/expedicion-de-documento migratorio-por-canje/INM811
WORK PERMIT
https://www.gob.mx/tramites/ficha/obtencion-de-permiso-de trabajo-para-extranjeros-residentes-temporales-en-mexico/INM795
CHANGE OF STATUS FROM TEMPORARY STUDENT TO TEMPORARY RESIDENT
https://www.gob.mx/tramites/ficha/cambio-de-residente-temporal estudiante-a-residente-temporal/INM824
APPLICATION FOR CERTIFICATE OF REGISTRATION OF THE EMPLOYER https://
www.gob.mx/tramites/ficha/obtencion-de-constancia-de-inscripcion del-empleador/INM799
UPDATE OF THE CERTIFICATE OF REGISTRATION OF THE EMPLOYER https://www.gob.mx/tramites/ficha/actualizacion-de-constancia-de inscripcion-del-empleador/INM797
APPLICATION FOR VISITING BORDER WORKERS CARD
https://www.gob.mx/tramites/ficha/tarjeta-de-visitante-trabajador fronterizo/INM275
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Source: https://www.gob.mx/inm
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