Investors and technicians

The foreign investors and technicians may work in Baja California in accordance with the following procedures. It is important to mention that technicians are only allowed to supervise and train workers.

Working Visas (FM-3)

Any foreign personnel working at the Maquiladora facility will be required to have a valid Mexican working visa. Working visas may be applied for once the Maquila program has been authorized with the Mexican Ministry of Interior. Any foreign individual visiting the Maquiladora facility will be required to secure proper visas.

In regards to foreigners who have entered the country under a tourist category and wish to constitute a society without previously soliciting the FM3 migratory form, the proceedings for the constitution can also be carried out through a tourist visa, which can be issued in any diplomatic representation of our country abroad such as the consulates or embassies.

This tourist visa is issued free of charge and the only requirement is to posses an updated passport. This visa has six-month duration and in accordance with legal dispositions stated in the Population Law (Ley General de Poblacion) the foreign investor is allowed to go to Mexican Public Notaries and subscribe the Constitutive Document in order to create the company.

In reference to foreign investors coming in from thirty seven countries, (among those are countries with whom we have important commercial relations such as the United States of America, Japan, South Korea, Canada, Chile, Spain, Singapore and others), the investor can choose, once the society is constituted, to apply at the Secretariat of Government for the issuing of the FM3 migratory form. This form serves for the investor as well as for managers and foreign technicians of the company.

The transaction of the FM3 in this case holds to the exclusive criterion of the local authorities. On the other hand a second group of countries exists with which almost we do not have commercial relations and whose authorization of FM3 is put under a central approval, among other this Guatemala, Ecuador, Malaysia and El Salvador.

Finally also a third group of subject foreigners to a special regulation exists, that is to say, to a previous permission so that the central authority comes to send the corresponding FM3. Between these countries are Taiwan, Peoples Republic of China, Colombia and Cuba among others.

FMN and FMVC forms

As a result of the Free Trade negotiations, there are in addition to the FM3 form, two other migratory forms that can be used by investors, technicians and administrators coming from the United States and Canada to carry out their activities in Baja California. These two forms are the FMN and FMVC. 

FMN expires in thirty days and allows citizens from the United States and Canada to legally carry through their businesses in Baja California. 

As pointed out, this form is for exclusive use of North Americans or Canadians and it is not granted to foreigners coming from other countries.  This form can be applied for before migratory authorities established in the State.

Those interested should prove their North American or Canadian nationality through their updated passport, birth certificate or naturalization certificate.  Furthermore, they should describe activities to be developed in our country.  This authorization grants the prerogatives of multiple entrances and departures during its enforcement and costs 20 USD.

In addition, there exists the migratory form called FMVC, which is applied for the authorization to legally stay in Mexico for the citizens of thirty-three other countries.  Among them there is Germany, Japan, South Korea, Great Britain and others.  This form is also given to persons of other countries, as long as they prove their legal and definite residence in the United States or Canada and that their visits to Mexico are due to business matters.

As in the case of the FMN, FMVC migratory form is free, and grants the prerogative of multiple entrances and departures during its enforcement of thirty days.  It can be issued by migratory authorities of the Secretariat of Government located in the State of Baja California.

Ordinarily the procedure to obtain the approval of this form includes the presenting of a letter-invitation written by the enterprise to be visited by businessmen or foreign technicians and where the reason of the visit is explained, as well as the activity to carry out and the solvency of the visitor.

The letter should be addressed to local authorities in charge of approval and issuing the FMVC form. Foreigners who wish to use this migratory form should identify themselves through a passport enforced, and with the necessary papers that will prove their legal residence in the United States or Canada.

Once the visit is concluded the form is returned to Mexican migratory authorities by the foreigner, or in the case of Baja California, local authorities have conceded the facility of the document being returned by the company visited.