Despite the fact that the hiring of foreigners is increasing in the country, this procedure remains little known, since the Federal Labor Law regulates the number of outside workers at 10%. For that reason, in this article we decided to talk about the requirements for hiring foreigners in Mexican companies and expand other information on the subject.
In this article on Requirements to Hire Foreigners You will find information on how to obtain the certificate to hire foreigners and the duration to obtain the certificate. In addition, you will also be able to know the institution that regulates the hiring of foreigners in Mexico, as well as the possibilities of obtaining a visa for job offers.
So, if you are a company looking to hire foreigners or you are a foreigner looking for work, we invite you to continue reading this article about the hiring foreigners.
What are the Requirements to Hire Foreigners in Mexico?
The hiring of foreigners is a move that has been gaining momentum in recent years, despite the regulations that establish that 90% of the workers of a company must be Mexican (Is found in Federal Labor Law).
“ Article 7.- In every company or establishment, the employer must employ at least ninety percent of Mexican workers. (…) ”.
However, due to this law, the procedures and information for hiring foreigners may be unknown to a large number of people and companies, but then we will explain the requirements for hiring foreigners and other information related to the subject, such as the proof of hiring of foreigners.
So, the requirements to hire foreigners are requirements, documents and, in some cases, situations that must pass, so that a company or a foreigner can have a job in a Mexican company. Now, those requirements are:
- The immigration document from abroad and the activities that you are authorized to carry out must coincide with the activity of the job offer.
- The immigration document must be current for as long as the foreign employee works in the company. If not, the company can be sanctioned.
- Notification of the hiring must be made before the National Institute of Migration, to obtain the labor registration.
- In the case of the company, it must have a proof of employer of foreigners, which is issued by the National Institute of Migration.
- Finally, a employment contract between the company and the foreign person to close the deal.
On the other hand, there will also be other labor requirements to meet, but these will already depend on the company or job to which the foreign person applies. Although there are some very important papers that must be taken into account, such as the passport, the criminal record, among others.
Process to Hire Foreigners
Since we have explained the requirements for hiring foreignersIt is also good that you know the process through which a foreign person and companies go through, to agree on a labor contract.
- First, the company requests the immigration document from the applicant.
- The authorized activities stipulated in said document are reviewed to verify that they coincide with the activity for which the person is being hired.
- In the event that the activities do not coincide, a new document must be processed.
- Then, the authorization is processed and the hiring is notified to the National Institute of Migration, to receive the labor registration.
- It is checked that the immigration document of the person is valid during the entire period of the employment contract.
- Finally, a labor contract is concluded between the company and the person, to establish the working conditions.
Certificate to Hire Foreigners
One of the requirements for hiring foreigners is the employer’s proof of registration or, as it is also known, the Proof of Foreign Employer. But, What is this document for?
The Certificate of Foreign Employer is a document that enables companies or establishments to issue job offers to foreigners; that is to say, it grants the authorization to hire foreigners. If you do not have this certificate, you cannot hire foreign people.
Now, Who must request the certificate to hire foreigners? Natural and legal persons, but depending on each case, the procedure will have to be done by a particular person.
- In the case of natural persons, the interested party is the one who must request constancy.
- In the case of legal entities, the legal representative of the company is the one who must request constancy.
Requirements for Proof of Foreign Employer
Now, like all procedures, to get the Proof of Foreign Employer you will need to meet a series of requirements, which vary depending on whether you are a legal or physical person.
Another aspect to consider of the Proof of Foreign Employer It is the economic cost of carrying out said diligence, since, normally, due to this type of bureaucratic paperwork, a certain amount must be paid.
In the case of this constancy, the cost is totally free. You do not have to cancel any amount to do the diligence, you just have to request it, take the collections and wait for the document to be delivered to you.
How is it processed?
To process this certificate, you will have two alternatives, a face-to-face option and an option on-line.
In the case of the face-to-face option, these are the steps you will have to follow:
- Notify the National Institute of Migration (INM) about your interest in constancy.
- You should go to one of the offices from the National Institute of Migration, which corresponds to your location.
- Deliver the collections necessary and wait for the process to be carried out.
Now, in the case of wanting to do the procedure via on-line, These are the steps you must follow:
- Access the following link to do it online request for the procedure.
- Download your application.
- Go to one of the offices of the National Institute of Migration and submit your application.
How long does it take for the Proof to Hire Foreigners?
One concern that one has about any type of procedure is its duration. How long can this process take? How long will it take for me to get an answer to the record? These are normal questions to ask, but don’t worry, the process does not take that long.
To issue the certificate Proof of Foreign Employer, the National Institute of Migration it takes 10 business days. That is to say, weekends and days are not taken into account holidays or holidays.
What Institution Regulates the possibility of Hiring Foreigners?
In the event that you want to resolve a concern with the institution that regulates the options of hiring foreigners, you should know that you are going to have to go to the National Institute of Migration. There, you will be able to carry out any procedure that has to do with hiring foreigners.
Job Offer Visa
Another issue to be addressed, when it comes to hiring foreigners, is the application for a job opportunity visa. This document is processed so that foreigners can work in the companies that have hired them.
Said document must be processed before the National Institute of Migration and can be requested by individuals or legal entities that have a Proof of Foreign Employer. That is, they are authorized to offer job offers to foreigners and hire them.
Now, to be able to opt for a job offer visa, you will have to meet the following requirements:
- The proof of employer registration (Applies to individuals or legal entities).
- The passport and immigration form of the foreign person who was hired for the job offer.
- The job offer that was posted, to certify what is the position that is being offered to said person.
- The person being hired cannot count on visa applications temporary residence or visitor in progress.
- In the case of natural persons, a valid identification document.
- In the case of legal entities, documents that validate the legalization of the person.
Finally, these are the requirements and information to hire foreigners What you should keep in mind, if you are a company that is hiring people outside of Mexico.
In addition, you also have information regarding the Proof of Foreign Employer, which is an extremely important document to hire this type of person.
Artículos relacionados que te pueden interesar