Article 138 of the Mexican Immigration Law Regulation

Article 138 of the Mexican Immigration Law Regulation

The condition of temporary resident status provided for in Article 52, section VII, of the [Immigration] Law may be authorized to the foreign person who demonstrates any of the following assumptions:

1. To have a relationship with a Mexican national or a foreign person who is a temporary or permanent resident, in accordance with the hypotheses of family unity in terms of the provisions of Articles 55 and 56 of the Law;
2. Have an offer of employment indicating the occupation, time period required, place of work and the employer’s proof of registration;
3. To have proof of registration in the Federal Taxpayers Registry, in the event that he/she intends to carry out remunerated activities that do not imply an offer of employment, in accordance with the data and documents provided in the general administrative provisions issued by the Secretariat and that will be published in the Official Gazette of the Federation;
4. To have an invitation from an organization or a public or private institution of recognized probity established in the national territory, to participate in any activity for which he/she does not receive income in the national territory. The invitation must be on letterhead and must indicate the activity to be carried out by the foreign person, the place, the time period required, as well as the information provided for in the general administrative provisions issued by the Ministry, which will be published in the Official Gazette of the Federation. In the event that the organization or institution pays the expenses of the stay, it must prove economic solvency, otherwise, the foreigner must prove economic solvency;
5. Have the economic solvency to cover the amount of lodging and living expenses during their stay in the national territory;
6. To have real estate assets with a value equivalent to the amounts set forth in the general administrative provisions issued by the Ministry and to be published in the Official Gazette of the Federation, or
7. To have investments in the national territory consisting of:
   1. Participation in the capital stock of Mexican companies in accordance with applicable laws and other legal provisions, and that the value of the investment exceeds the amount established in the general administrative provisions to be published in the Official Gazette of the Federation;
   2. Movable property or fixed assets used for economic or business purposes in accordance with the laws and other applicable legal provisions, the value of which exceeds the amount provided for in the general administrative provisions to be published in the Official Gazette of the Federation, or
   3. The development of economic or business activities in the national territory in accordance with the laws and other applicable legal provisions, which generate formal employment in terms of the general administrative provisions issued by the Secretariat and which will be published in the Official Gazette of the Federation. The positions occupied by the foreign person and his/her family members referred to in Article 111 of these Regulations will not be considered new jobs.

In the case of the cases provided for in sections II, III and IV of this article, the foreign person must prove that he/she has the necessary experience, capacity, skills or knowledge to perform the occupation in question.

The foregoing, in accordance with the procedure and requirements set forth in the general administrative provisions to be published in the Official Gazette of the Federation.