Hiring foreign talent can be an excellent strategy for companies in Mexico looking to diversify their team and take advantage of specific skills. However, this process requires compliance with several legal and administrative steps. In this article, we explain how your company can issue job offers to foreigners in compliance with current regulations.

1. Registration with the National Migration Institute (INM)

The first step in hiring foreigners is to obtain the Certificate of Employer Registration (CIE) with the INM. This document allows companies to manage work permits for foreigners.

Requirements for the CIE:

• Company articles of incorporation and any amendments (notarized).
• Proof of current tax domicile.
• Tax Identification Card (RFC).
• Official identification of the legal representative.
• Official form duly completed.
• Certificate of the Single Self-Determination System (SUA): Document issued by the IMSS that certifies that the company is up to date with its social security obligations.
• Proof of having registered Mexican employees: Evidence must be presented that the company has Mexican workers registered with the IMSS.
• Payment of fees.

Complying with these requirements ensures that the company is formally registered as an employer and complies with its labor and tax obligations.

2. Preparation of the Job Offer

The job offer must be properly written and contain clear and detailed information. The essential elements include:

• Employer name and contact details.
• Position offered and description of activities.
• Proposed salary and working conditions.
• Place where the work will be performed.
• Duration of the contract (may be for a fixed or indefinite period).

This offer will be presented as part of the requirements to apply for a work permit for foreigners.

3. Management of the Work Permit for Foreigners

With the ICD in hand, the company can manage the work permit for the foreigner before the INM.

Documents required for the permit:

• Copy of the job offer.
• Identification of the foreigner (valid passport).
• Proof of experience or qualifications that demonstrate the candidate's suitability for the position.
• Payment of fees corresponding to the procedure.

Once the permit is approved, the foreigner will receive a work visa authorization.

4. Obtaining a Work Visa

The foreigner must appear at the Mexican consulate in his/her country of origin or residence with the following documents:

• Copy of the authorization issued by the INM.
• Valid passport.
• Recent photograph.
• Payment of fees.

The consulate will issue a temporary visa that the foreigner must exchange in Mexico for a Temporary Resident Card with work permit within 30 days of arrival.

5. Compliance with Tax and Labor Obligations

The company must ensure that it complies with all tax and labor obligations:

• Registration with the IMSS: Register the foreigner in Social Security.
• Registration in the RFC: Register the foreigner with the SAT to make the corresponding tax withholdings.
• Comply with the Federal Labor Law: Ensure that foreigners receive salaries, benefits and working conditions in accordance with the law.

6. Permit Renewal and Monitoring

If the contract exceeds the period of the temporary visa, the company must arrange for the renewal of the work permit and temporary residence permit before its expiration. This process ensures that the foreigner can continue to work legally in the country.

Conclusion

Hiring foreigners in Mexico is a process that involves several steps, from registering the company with the INM to managing visas and work permits. Complying with these provisions not only ensures the legality of the contract, but also contributes to the effective integration of foreign talent into the Mexican labor market.

If you have questions or need specific advice, our firm is here to help you every step of the way. Contact us!