Hiring foreign employees in Mexican companies: Key aspects to be considered

published on 25 April 2023 | reading time approx. 4 minutes

Nowadays, hiring foreign employees in Mexican companies has become an increasingly common practice due to globalization and the growing need for international talent. Therefore, it is important for Mexican companies to be aware of the key aspects to consider when hiring foreign employees, as there are specific requirements and regulations that must be complied with.

One of the first aspects that Mexican companies should consider when hiring foreign employees is the legal context. Mexico has specific immigration and labour regulations that must be strictly followed to avoid being subject to fines or penalties. It is essential to understand the requirements for visas and work permits, as well as the procedures and deadlines for obtaining them. In addition, it is important to be aware of the restrictions and limitations that may apply to the hiring of foreign employees in certain industries or specific positions.

In this regard, for a company to hire foreign employees in Mexico there are mainly the following options:

Hire the foreign personnel as part of the Mexican company so they could receive their salary directly from the Mexican company, for which they company must previously have the authorization of the National Immigration Institute, for subsequently carrying out the appropriate visa process; or,
Initiate the procedure to obtain the corresponding visa through a direct request before the Consular Section of the Mexican Embassy abroad, in the event that the employee continues to receive his salary from a foreign company.

Although the basic immigration procedure is the same, the requirements and information requested by the authorities both inside and outside of Mexico are different and will depend on the place where the process is initiated. Thus, in case a foreigner needs to perform activities in Mexico for a Mexican or foreign company, it is vital to know the daily immigration practice from the legal aspect that guarantees the correct development of its processes, avoiding delays and additional expenses due to non-compliance.

Having said the above, in order for the company to continue growing without failing to comply with Mexican immigration regulations, it must renew annually (i) the Employer's Registration Certificate obtained, (ii) the residence authorizations of foreign employees; as well as, (iii) comply with the obligations and notices that both the company and its employees have to submit in the event of any change in the information contained in the records of the immigration authority. That, in order to avoid annoying legal consequences such as fines or the loss of such authorizations.

Hiring foreign employees in Mexican companies can have both benefits and challenges, that is why it is important that Mexican companies consider these carefully and develop adequate strategies together with our experts who understand the high demands of both the national and international market and who can provide specialized assistance on the applicable regulations so that both companies and foreign employees are properly established in Mexico, maintaining compliance with the country's legal policies and procedures.