Work Visas and Immigration in Mexico: Visitor and Temporary Resident Permits

Mexico's Migration Law (Ley de Migración) classifies foreigners by "condition of stay" (condición de estancia). The three main categories are visitor, temporary resident and permanent resident. The law also defines more specific categories, such as regional visitors, border workers and students. A foreigner can hold only one condition of stay at a time.

The key rule for employers is that no visa allows paid work unless the document expressly says so. Permission to work is always granted for a specific condition of stay and, in most cases, is linked to a specific job offer.

A visitor without permission to carry out paid activities may stay in Mexico for up to 180 continuous days but may not receive payment in Mexico for activities carried out there. Executives commonly travel under this category for meetings, negotiations or inspections while being paid abroad. The exact list of permitted activities is set by the National Migration Institute (Instituto Nacional de Migración, INM) in its administrative rules, not in the Migration Law itself. Confirm that the planned activities fit before travelling, especially for hands-on technical work.

Nationals of countries that need a Mexican visa to enter apply at a Mexican consulate. Consulates must decide visa applications within 10 business days.

This category is for foreigners with a job offer, or with an invitation from an authority or an academic, artistic, sporting or cultural institution that will pay them in Mexico, or who come for seasonal work under inter-institutional agreements. It allows a continuous stay of up to 180 days from entry. It suits short assignments, such as installing equipment or a defined project, when the person will be paid in Mexico.

Temporary residence allows a stay of up to four years. The holder may obtain a permit to work for pay in Mexico, linked to a job offer and limited to the activity in that offer. Temporary residents may enter and leave Mexico freely. They may also bring their minor children (and those of their spouse or partner), spouse, partner and parents, who receive temporary residence for the same period and may obtain their own work permits subject to a job offer.

After four years as a temporary resident, a foreigner may obtain permanent residence. Permanent residence allows an indefinite stay with permission to work.

Visa applications normally have to be filed in person at a Mexican consulate abroad. A job offer is an exception: the INM may process the application in Mexico, and the consulate then issues the visa on the INM's instructions. In practice the Mexican employer starts the process before the INM by submitting the job offer, and the foreign worker then attends a consular appointment to have the visa stamped.

Before submitting job offers, the employer must be registered with the INM and obtain an employer registration certificate (constancia de inscripción del empleador). This requirement and its documentary details come from the Regulations of the Migration Law and the INM's administrative guidelines, not from the Migration Law itself. Expect to provide the company's incorporation documents, RFC registration, proof of address, the legal representative's ID and powers, and recent tax filings. Keep the registration up to date.

Temporary and permanent residents must apply to the INM for their residence card (tarjeta de residencia) within 30 calendar days of entering Mexico. The card is valid for the authorized period of stay. With the card, residents can obtain a CURP (Mexico's population registry code), which is needed for payroll, social security and many other procedures.

Residents must notify the INM of any change of marital status, nationality, address or place of work within 90 days of the change. A change of employer therefore requires a notice, and may require a new work authorization linked to the new job offer. Temporary residents may also apply to change their condition of stay if they meet the requirements in the Regulations.

The INM must decide migration applications within 20 business days after the applicant has met all formal requirements. If it does not, the application is deemed denied (negative silence), and the applicant can ask for a certificate of that fact. If documents are missing, the INM issues a notice and the applicant has 10 business days to correct the file, or the application is dismissed. Opinions requested from other authorities must be issued within 10 calendar days. In practice, total processing times vary by INM office and season, so plan assignments with a buffer.

Foreign employees in Mexico are covered by Mexican labor and social security law like any other worker. Each company or establishment must keep at least 90% Mexican workers. In technical and professional categories, foreigners may be hired temporarily, up to 10% of that specialty, only when no Mexicans are available, and the employer and the foreign worker must train Mexican workers. Directors, administrators and general managers are exempt from this rule.

An individual who sets up a home in Mexico can become a Mexican tax resident. If they also have a home abroad, the test is whether their center of vital interests is in Mexico, for example if more than 50% of their income comes from Mexican sources. Mexican-source salary is subject to payroll withholding regardless of the worker's nationality. Treaties can affect the final result.

SDV can prepare your company's INM employer registration, draft job offers aligned with the employment contract, coordinate the visa process and residence card, and set up payroll, IMSS and tax withholding for your foreign staff. For complex cases, such as prior immigration issues or family members with special situations, we work with immigration counsel. This guide is general information and not legal advice.