Through the issuance of new guidelines jointly published by the Ministry of the Interior (“SEGOB” by its acronym in Spanish) and the Ministry of Foreign Affairs (“SRE” by its acronym in Spanish), new requirements have been incorporated for Temporary Resident Visas and Job Offer Visas. The purpose of these changes is to ensure that foreign nationals entering the country with specialized profiles gradually transfer their knowledge to Mexican professionals and technicians.
A new category for applying for a Temporary Resident Visa now applies to foreign nationals providing highly specialized technical assistance or consulting services, as well as knowledge transfer in strategic projects, aimed at implementing a knowledge transfer and training program for Mexican personnel, with the objective of progressively reducing dependence on foreign talent.
Regarding the Temporary Resident Visa based on a job offer, additional requirements have been included for the employment offer letter submitted to the National Immigration Institute (“INM” by its acronym in Spanish). These include specifying the location(s) where the activities related to the visa application will be carried out and the applicable work modality (on-site, remote, or hybrid), indicating, where applicable, whether the activities will take place at the company’s tax domicile, branch offices, operational sites, or other locations, among other requirements.
It is important for employers to consider these new provisions for both visa categories, as they will now need to provide a more detailed justification for the presence of the foreign national with a specialized profile, as well as explain how the knowledge transfer and training program directed at Mexican nationals will be implemented in order to progressively reduce dependence on foreign talent.
Additionally, employers should consider the provisions of the Federal Labor Law regarding the hiring of foreign nationals, which establishes that at least 90% of employees must be Mexican nationals. In technical and professional positions, employees must be Mexican nationals unless there are no qualified individuals available in a specific specialty, in which case the employer may temporarily hire foreign workers in a proportion not exceeding 10% of employees within that specialty. This restriction does not apply to positions such as directors, administrators, and general managers.
It is recommended to review each case with our specialists so they can guide you and help avoid visa denials.
Should you have any additional questions or comments, please do not hesitate to contact us.
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Karla Hernández
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.
