New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico Rogelio Alanis Robles and Tania Terrazas Arnaldo - Littler Mendelson
go to original February 15, 2013

In November 2012, Mexico's National Migration Institute ("INM" for "Instituto Nacional de Migración") issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations significantly impact employers that currently employ foreign nationals or that intend to sponsor a foreign worker for a work visa and/or residency in Mexico.

Under the regulations, foreign nationals who intend to work in Mexico must follow new procedures for obtaining a temporary resident card with work authorization (formerly known as "FM3"). The old scheme allowed foreign nationals traveling with the intention to work in Mexico to enter as visitors and apply for an FM3 while physically present in Mexico. This procedure typically allowed companies to undertake an expeditious transfer of employees across international borders.

Under the new procedures, however, foreign nationals need to follow a three-step application process to obtain an employer-sponsored temporary resident card with work authorization. As the application must be approved prior to an employee's travel to Mexico, companies no longer have the ability to quickly transfer foreign nationals across international borders to work in Mexico.

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