Employment of foreign personnel

If you want to employ foreign employees, you should observe mexican migration law.

Article 166 of the Migration Act states that both, natural and legal persons, who recruit foreign personnel or make employment offers to a foreigner, need to have a “Constancia de Empleador”, a permission to employ foreigners. This permission can be requested at the National Migration Institute. The following requirements need to be met:

  • The company is legally constituted, proven by a notarial formation deed that is registered in the public commercial register.
  • The legal representative, who is registered at the National Institute of Migration, holds the respective power of attorney.
  • Proof of address by presenting a water, electricity, gas or telephone bill on the name of the company. In case that no bill is available, the rental agreement can be presented.
  • In accordance with tax obligations, the submission of the tax number is requested as well as the recent monthly and yearly tax declaration.

The “Constancia de empleador”, the permission to employ foreigner, must be renewed or updated if the following conditions arise:

  1. Change of address.
  2. Change of legal representatives or lawyers.
  3. Annually after the annual declaration.

It is important that the permission remains valid in order to initiate an immigration process for a foreign employees at any time.

Do you have further questions?
Our legal expert will be happy to advise you.

Contact: Ms. Kerstin Kinder, kinder@wmp.mx