Making an Impact With Business, Tax & Immigration

What type of business are you looking to start? We can help you get set up legally in either country, but there are different requirements for certain business types. Get in touch with us for a free consultation. We will prepare all the necessary licenses and permits for your business based on your location, business type, and taxation. We’ll go through the checklist to answer such questions as: 

1. If you are a foreign national or non-resident, can you start a business in the US or Mexico?
2. What are the common business structures available in the US or Mexico?
3. Are there any restrictions or limitations on foreign ownership or investment in the US or Mexico?
4. How can I secure financing or funding for my business in the US or Mexico?
5. Are there any specific industry-specific regulations or considerations to be aware of when starting a business in the US or Mexico?

The IRBusiness team is well versed in the process for obtaining a work visa in the United States or Mexico. Here is a general overview of the process for obtaining a work visa in each country:

United States:

1. Determine Eligibility: Identify the appropriate work visa category based on your job offer, qualifications, and purpose of employment. Common work visa categories in the U.S. include H-1B (specialty occupations), L-1 (intracompany transfers), E-2 (treaty investors), and O-1 (individuals with extraordinary ability).
2. Employer Sponsorship: In most cases, your employer must initiate the visa process by filing a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS). The employer typically needs to demonstrate that they have a valid job offer and that hiring a foreign worker will not adversely affect U.S. workers.
3. Labor Certification (if applicable): Certain employment-based visas, such as the PERM (Program Electronic Review Management) Labor Certification, require the employer to go through a labor certification process to demonstrate that there are no qualified U.S. workers available for the position.
4. File Visa Application: Once the petition is approved, you will need to submit a visa application to the U.S. embassy or consulate in your home country. This involves completing the application form, providing supporting documents, paying the application fee, and scheduling an interview (if required).
5. Attend Visa Interview: Attend the visa interview at the U.S. embassy or consulate. During the interview, you may be asked questions about your qualifications, job offer, and purpose of travel. The consular officer will make a determination based on the information provided.
6. Visa Issuance and Travel: If your visa application is approved, your passport will be stamped with the visa, allowing you to travel to the United States for employment purposes. The visa will specify the duration of your authorized stay and any additional conditions or restrictions.

Mexico:

1. Determine Eligibility: Identify the appropriate work visa category based on your job offer, qualifications, and purpose of employment. Common work visa categories in Mexico include FM3 (Non-immigrant visa for work), FM2 (Immigrant visa for work), and Visitor Visa with Permission to Perform Paid Activities.
2. Employer Sponsorship: Your employer in Mexico must initiate the visa process by submitting a petition to the National Institute of Immigration (INM) or the Ministry of Labor and Social Welfare (STPS), depending on the visa category. The employer typically needs to demonstrate that they have a valid job offer and fulfill specific requirements.
3. Gather Required Documentation: Prepare the required documentation, which may include a job offer letter, employment contract, educational qualifications, professional credentials, and proof of financial solvency.
4. Submit Visa Application: Submit the visa application along with the supporting documents to the appropriate Mexican consulate or embassy in your home country. Pay the visa fee and schedule an appointment for document submission (if required).
5. Attend Biometrics Appointment (if required): Depending on the visa category, you may be required to attend a biometrics appointment to provide fingerprints and photographs.
6. Visa Issuance and Travel: If your visa application is approved, the consulate will issue the work visa. You can then travel to Mexico and complete the visa process by registering with the INM and obtaining the actual visa card, known as a "tarjeta de residente."

It's important to note that the specific requirements, procedures, and processing times may vary within each visa category and can change over time. It's advisable to consult with the relevant consular or immigration authorities or seek guidance from an immigration attorney for detailed and up-to-date information specific to your situation.