In accordance with the new immigration regulations that came into force on November 9 2012 (for further details please see "New regulations for Immigration Law"), and pursuant to the guidelines for immigration procedures and proceedings (published on November 2012), Mexican companies must now obtain evidence of registration with the National Immigration Institute in order to initiate immigration procedures on behalf of foreign employees. This evidence must be attached to the immigration application of the foreign personnel.

Notwithstanding this, any hiring of new foreign personnel must be requested through an admission permit, since the new regulations do not allow visitors staying without undertaking paid activities (ie, tourists or business people) to change to work permits.

According to the renewal procedure for currently employed foreigners – holders of an immigration document as non-immigrants or immigrants – employers must also provide evidence of their registration (there is a contradiction about this point between the regulations and the immigration guidelines). The renewal must be requested within 30 days of the document's expiration date.

In order to accelerate the processing of immigration applications, and to avoid inconvenience for currently employed foreign workers and in the future hiring of foreign personnel, it is recommended that companies obtain evidence of registration with the National Immigration Institute as soon as possible.

Submission of the following documents will be required to obtain evidence of registration with the National Immigration Institute:

  • a written request for evidence of registration, signed by the employer's legal representative;
  • the online application form;
  • a certified copy of the company's deed of incorporation and the notarial deed that proves the company's legal existence;
  • a certified copy of the notarial instrument containing the legal representative's power of attorney;
  • a copy of the company's Mexican tax identification and a copy of the company's last yearly and monthly tax returns;
  • a list of the company's personnel; and
  • original proof of domicile of the company, the issuance date of which must be no older than 30 calendar days.

For further information on this topic please contact Edgar Mayorga at Goodrich Riquelme y Asociados AC by telephone (+52 55 5533 0040), fax (+52 55 5525 1227) or email (emayorga@goodrichriquelme.com).

This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.