How to Hire Foreign Workers in Mexico: An Employer Guide

For the country overview, see working in Mexico.

Any person or company that hires a foreign worker, or offers a job to one, must hold a constancia de inscripción del empleador issued by INM (Migration Regulation, Article 166). Individuals can register too.

To get it, a company typically files:

• Its incorporation documents and any amendments
• The legal representative's power of attorney and ID
• Proof of address
• Its tax registration (RFC) and most recent tax return
• A list of employees and their nationalities

You apply online, print and sign the form, and pay INM's fee. The registration does not expire, but you must keep it current: report changes of address or legal representative within 30 days, and update your tax information as INM requires. A lapsed or outdated registration is a common reason INM refuses a worker's request. See INM's FAQ on the employer registration.

1. File the visa authorization request at INM (visa por oferta de empleo). The job offer must state the worker's full name and nationality, the job and pay, how long it lasts, where the work will happen, and that you will cover the worker's trip (Migration Regulation, Article 115).
2. INM reviews the offer, your registration, and the worker's background. It may inspect your business to confirm the job is real.
3. You receive a case number (NUT) if approved. Send it to the worker.
4. The worker books a consular appointment at a Mexican consulate, choosing the option for visas with INM authorization, and attends the interview with the NUT.
5. The worker enters Mexico with the visa, which is valid for one entry. The worker must enter as a resident, not as a tourist.
6. Canje. Within 30 calendar days of entry, the worker applies at INM to exchange the visa for a temporary resident card showing permission to work. See the canje.

INM's job-offer visa FAQ explains the requirements.

Foreign employees have the same rights under the Federal Labor Law (Ley Federal del Trabajo) as Mexican employees, including minimum wage, the year-end bonus (aguinaldo), vacation, profit sharing, and social security. Article 7 of the law also sets workforce limits:

• At least 90% of a company's workers must be Mexican.
• In technical and professional roles, workers must be Mexican unless none are available in a specialty; then foreign workers may be hired temporarily, up to 10% of that specialty, and the employer and foreign workers must train Mexican workers in it.
• Company doctors must be Mexican.
• The limits do not apply to directors, administrators, and general managers.

Since 2021, Mexican law prohibits most subcontracting of personnel. Only registered specialized services can be outsourced, so hiring foreign staff "through an agency" needs care.

• Tax ID. The worker needs an RFC from the tax authority (SAT) for payroll. See RFC tax ID.
• Social security. Register the worker with the Mexican Social Security Institute (IMSS) like any employee. See IMSS health insurance.
• CURP. Residents are entitled to a CURP population number, often shown on the card. See CURP.
• Payroll and withholding follow the same rules as for Mexican staff. See taxes for residents.
• Keep the job as authorized. The work permission covers the activity in your offer. A new role or new employer needs an INM update.
• Reporting. The worker must report changes of workplace, address, marital status, or nationality to INM within 90 days.
• Renewals. Plan card renewals before expiry. See residency renewal.

INM fees are set in pesos in the federal fees law (Ley Federal de Derechos) and updated each January, and consulates publish their own visa fees. Check the current amounts with INM and the consulate before you budget. In practice, plan for several weeks to a few months from filing to the worker's first day.

After 4 years as a temporary resident, the worker can apply for permanent residency, which allows work for any employer. See temporary to permanent.

• Letting the employer registration go stale. Update it when your address, representative, or tax data change.
• A job offer that doesn't match the card requested, or that leaves out required details such as pay or location.
• Having the worker enter as a tourist. A visa used for tourist entry may not be exchangeable, and tourists cannot work.
• Starting work before the card is issued or before INM adds work permission for a resident.
• Breaking the 90% rule or placing foreign staff in roles the law reserves for Mexicans.
• Assuming a remote foreign worker needs no advice. Tax and labor rules still apply in the worker's country.

If a worker has a prior refusal, overstay, or criminal record, talk to a licensed Mexican immigration lawyer before you file.