Consolidated TPP Text – Mexico’s Schedule of Commitments for Temporary Entry for Business Persons
The following sets out Mexico’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry of business persons.
A. Business Visitors
Mexico extends its commitments under this category to all Parties that have made commitments under the heading “Business Visitors or Short Term Business Visitors”.
Description of Category
Definition:
Applicable to the foreign nationals seeking to enter into the country on a temporary basis, and intending to:
- (a) establish, develop or manage a foreign capital investment;
- (b) provide specialised services, including after-sale or after-lease services, previously agreed or as referred to in a contract of transfer of technology, patent and trademark, for the sale of machinery and equipment, technical training of personnel or any other production process from an established company in Mexico; or
- (c) attend business administration meetings, conferences, trade fairs and performing management or executive duties in a company or its subsidiaries or affiliates that are established in Mexico.
The source of income for the proposed business activity is outside Mexico and the business person’s principal place of business and the actual place of accrual of profits, at least predominantly, remain outside Mexico.
Conditions and Limitations(including length of stay)
For the purposes of temporary entry, Mexico shall grant a stay up to 180 days.
B. Intra-Corporate Transferees
Mexico extends its commitments under this category to all Parties that have made commitments under the heading “Intra-Company Transferees” or “Intra-Corporate Transferees”. Mexico shall grant temporary entry and provide a work permit or work authorization to spouses of Intra-Company Transferees of another Party where that Party has also made a commitment in its Schedule for spouses, and will not:
- (a) require labour certification tests or other procedures of similar intent as a condition for temporary entry; or
- (b) impose or maintain any numerical restriction relating to temporary entry.
Description of Category
Definition:
For purposes of this category:
- (a) Executive means a business person within an organisation who primarily directs the management of the organisation and exercises wide latitude in decision-making;
- (b) Manager means a business person within an organisation who primarily directs the organisation or a department or sub-division of the organisation, supervises, and controls the work of other supervisory, professional or managerial employees;
- (c) Specialist means a business person who possesses specialised knowledge of the company’s products or services and its application in international markets, or an advanced level of expertise or knowledge of the company’s processes and procedures.
Conditions and Limitations(including length of stay)
For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for each and equal period of time.
C. Investors
Mexico extends its commitments under this category to all Parties that have made commitments under the heading “Investors”, “Independent Executives” or “Persons Responsible for Setting up a Commercial Presence”.
Mexico shall grant temporary entry and provide a work permit or work authorisation to spouses of Investors of another Party where that Party has also made a commitment in its Schedule for spouses, and will not:
- (a) require labour certification tests or other procedures of similar intent as a condition for temporary entry; or
- (b) impose or maintain any numerical restriction relating to temporary entry.
Description of Category
Definition:
For purposes of this category:
It is applicable to the foreign nationals seeking to enter into the country on a temporary basis or that are already in the country and intending to:
- (a) know different investment alternatives;
- (b) perform a direct investment or supervise such investment;
- (c) represent a foreign company or perform business transactions; or
- (d) develop, administer or provide advice or key technical services to the operation of an investment to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills.
Conditions and Limitations(including length of stay)
For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for each and equal period of time.
D. Professionals and Technician-Professionals
Mexico extends its commitments under this category to all Parties that have made commitments under the heading “Professionals”, “Independent Professionals”, “Professionals and Technicians”, “Professionals and Technician-Professionals, “Technicians”, “Contractual Service Suppliers” or “Qualified Professionals”, limited to the same occupations, activities, professions or sectors committed by the other Party. Mexico shall grant temporary entry and provide a work permit or work authorisation to spouses of Professionals and Technician-Professionals of another Party where that Party has also made a commitment in its Schedule for spouses, and will not:
- (a) require labour certification tests or other procedures of similar intent as a condition for temporary entry; or
- (b) impose or maintain any numerical restriction relating to temporary entry.
Description of Category
Definition:
1. For purposes of this category:
- (a) Professionalmeans a business person who is engaged in a specialty occupation requiring:
- (i) theoretical and practical application of a body of specialised knowledge, and
- (ii) attainment of a post-secondary degree for entry into the occupation;
- (b) Technician Professionalmeans a professional who has:
- (i) theoretical and practical application of a body of specialised knowledge, and
- (ii) attained a post-secondary technical degree, for entry into the occupation.
Conditions and Limitations(including length of stay)
1. For the purposes of the temporary entry, Mexico shall grant a stay of one year, which may be extended three times for each and equal period of time.
2. Mexico shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level or technician-professional, based on a work contract and submission of the following:
- (a) documentation demonstrating that the business person shall be so engaged and describing the purpose of entry; and
- (b) documentation demonstrating that the business person has the minimal academic requirements or alternative academic degrees.
3. For greater certainty, the temporary entry of a professional or technician-professional shall not imply the recognition of academic degrees or certificates, or the granting of licenses for professional practice.
4. This category is subject to a remunerated employment offer in Mexico
5. The following occupations or activities will be granted temporary entry for technician-professional:
- (i) technician-professional in designing, advertising and communication;
- (ii) technician-professional in architecture and interior designs;
- (iii) technician-professional in accounting and management;
- (iv) technician-professional in tourism and gastronomy;
- (v) technician-professional in systems and computing;
- (vi) technician-professional in engineering;
- (vii) technician-professional in health (includes technical nursing, pharmacy and physiotherapy);
- (viii) technician-professional in construction;
- (ix) technician-professional in electricity;
- (x) technician-professional in industrial production;
- (xi) technician-professional in maintenance and repair of machinery and equipment (includes maintenance and repair of all types of vehicles, vessels and aircraft), provided that technician-professional is not part of the staff that manned any vessel or aircraft covered with the flag or Mexican merchant logo.
E. Contractual Service Supplier
Mexico extends its commitments under this category to all Parties that have made commitments under the heading “Professionals”, “Independent Professionals”, “Professionals and Technicians”, “Professionals and Technician-Professionals, “Technicians”, “Contractual Service Suppliers” or “Qualified Professionals”, limited to the same occupations, activities, professions or sectors committed by the other Party.
Mexico shall grant temporary entry and provide a work permit or work authorisation to spouses of Professionals and Technician-Professionals of another Party where that Party has also made a commitment in its Schedule for spouses, and will not:
- (a) require labour certification tests or other procedures of similar intent as a condition for temporary entry; or
- (b) impose or maintain any numerical restriction relating to temporary entry.
Description of Category
Definition:
1. For purposes of this category:
- (a) Contractual Service Suppliermeans a business person who is engaged in a specialty occupation requiring:
- (i) theoretical and practical application of a body of specialised knowledge, and
- (ii) attainment of a post-secondary degree for entry into the occupation.
- (b) Technician Professionalmeans a professional who has:
- (i) theoretical and practical application of a body of specialised knowledge, and
- (ii) attained a post-secondary technical degree, for entry into the occupation.
Conditions and Limitations(including length of stay)
1. For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for each and equal period of time.
2. Mexico shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level or technician-professional, based on a work contract and submission of the following:
- (a) documentation demonstrating that the business person shall be so engaged and describing the purpose of entry; and
- (b) documentation demonstrating that the business person has the minimal academic requirements or alternative academic degrees.
3. For greater certainty, the temporary entry of a professional or technician-professional shall not imply the recognition of academic degrees or certificates, or the granting of licenses for professional practice.
4. This category is subject to a remunerated employment offer in Mexico.
5. The following occupations or activities will be granted temporary entry for technician–professional:
- (i) technician–professional in designing, advertising and communication;
- (ii) technician-professional in architecture and interior designs;
- (iii) technician-professional in accounting and management;
- (iv) technician–professional in tourism and gastronomy;
- (v) technician-professional in systems and computing;
- (vi) technician-professional in engineering;
- (vii) technician-professional in health (includes technical nursing, pharmacy and physiotherapy);
- (viii) technician-professional in construction;
- (ix) technician-professional in electricity;
- (x) technician-professional in industrial production; and
- (xi) technician-professional in maintenance and repair of machinery and equipment (includes maintenance and repair of all types of vehicles, vessels and aircraft), provided that technician-professional is not part of the staff that manned any vessel or aircraft covered with the flag or Mexican merchant logo.
- Date modified:
