International Trade/Offshore Manufacturing/Sourcing/Export/Import/Consulting Know the Regulations When Moving Overseas By Robert Johnson The growth of Latin American markets has created a greater need for executives, managers and technical professionals to travel south of the border. Companies expanding into these markets are soon confronted with Latin American business immigration regulations that govern the business travel and employment of foreign nationals. Just as foreign nationals from companies investing in or trading with the U.S. must be aware of and comply with U.S. immigration laws, U.S. companies entering Latin American markets must ensure that their representatives comply with applicable business immigration regulations. As foreign business travel or employment of U.S. citizens abroad is planned, it is critical that compliance with applicable business immigration regulations be given a high priority on the appropriate due diligence checklist. Failure to plan ahead for business immigration issues will inevitably disrupt business plans, schedules and objectives. The following information focuses on the regulations governing business immigration issues in five Latin American countries: Argentina, Brazil, Chile, Columbia and Mexico. Temporary Business Visitors To travel to and do business anywhere outside the U.S., the key travel document is a U.S. passport. Similar to the U.S. "visa waiver" travel program, which allows many international business visitors into the U.S. on their valid foreign passport for up to 90 days, a U.S. citizen with a passport can enter Argentina and Chile as a business visitor for up to an initial period of 90 days. To qualify for legal entry into any of the Latin American countries that maintain a visa waiver program, a business visitor must remain an employee of his or her employer and must be traveling on business for their U.S. employer. Entry under such a visa waiver program or other temporary visitor status program is not appropriate if the employee's business activities could constitute "gainful employment" with the foreign entity. If the activities constitute such employment, a business visa authorizing employment must be issued. Although the initial 90-day period of stay can be extended for an additional 90 days, it may be difficult to establish that the business activities conducted do not constitute gainful employment. Extensions may be granted where a U.S. executive, manager or other professional is representing and working for a U.S. employer and is involved in a bona fide temporary business activity, such as the set-up of a new operation or participation in negotiations in respect of an acquisition, a joint venture or other business contracts. U.S. citizens traveling to Brazil to do business must apply for a business visa (Temporary Visa II) through the consulate of Brazil that has jurisdiction over the applicant's residence. The jurisdiction for the consulate general of Brazil in Atlanta includes Alabama, Georgia, Mississippi, North Carolina, South Carolina and Tennessee. Upon approval of the visa application, the consulate will issue a business visa, which will facilitate multiple entries into Brazil for periods of up to 90 days, with visits totaling no more than 180 days per year. The validity of this visa will be based on the duration of the business activities and on discretion of the consulate. The visa application is filed with the consulate along with the consular fees, the applicant's passport and a letter written on the employer's letterhead, stating the nature of the business to be conducted in Brazil, dates of arrival and departure, and affirming that the employer will be financially responsible for the employee's stay in the country. Once the business visa has been issued, it must be validated in Brazil within 90 days of issuance. Columbian regulations allow for business visitors to enter on their U.S. passport. However, Columbian authorities advise that if visitors are going to execute any documents on behalf of their U.S. employer, a business visa must be obtained. The requirements for this application are similar to the requirements for the Brazilian visa. For U.S. citizens traveling to Mexico on business, pursuant to Mexican regulations under the North America Free Trade Agreement (NAFTA), an FMN application will allow for visits of up to 30 days. The FMN application must be accompanied by a letter from the U.S. employer on official letterhead, stating the purpose of the trip, description of the work to be performed in Mexico, position in the U.S. company, that the wage will be paid by the U.S. company and that the U.S. company will accept all financial responsibility for the applicant for the time the applicant will spend in Mexico. The FMN application form can be obtained and completed at a Mexican immigration office at the land border, a Mexican international airport or a Mexican consulate in the U.S. To avoid the crowds (hundreds of people are at the border every day) and potential delay, it is advisable to request and compete the application form in advance through the consulate of Mexico that has jurisdiction over the applicant's U.S. residence. One drawback to the FMN visa is that it is valid for only 30 days. In addition, the FMN visa holder must carry the FMN form and employer letter on each entry into Mexico. While this may work for those who visit occasionally, for business visitors traveling to Mexico more than once a year, it may be advantageous to apply for an FM-3 visa. The advantage of the FM-3 visa is that it can be used for multiple entries for up to one year. The FM-3 visa must be obtained through the Mexican consulate prior to travel and may be renewed annually for up to five years. Employment Abroad In cases where the employee will be employed by a Latin American foreign subsidiary, a business visa authorizing such employment must be obtained. Just as many foreign nationals visiting the U.S. often underestimate the requirements for obtaining a visa authorizing employment in the U.S., many U.S. employers underestimate the documents and information required by a foreign country. For example, to obtain a work visa (temporary residency visa) that will allow for employment in Argentina, the following requirements must be met: A valid passport and visa application, printed or typed. A birth certificate, translated into Spanish by a certified translator. Original or certified copy legalized by the Argentine consulate in the corresponding jurisdiction of the state or country where the applicant was born. A marriage certificate. Original copy legalized by the Argentine consulate in the corresponding jurisdiction of the state or country where the applicant was married. Three photographs 2"x2" of right profile (only), with a white background. A medical certificate must be filled out within a three-month period before applying. It should state that the applicant is in good health and free of any contagious diseases. The statement should be notarized and then signed by the county clerk authenticating the notary's signature. This form is provided by the consulate. A police record, translated into Spanish and filled out by the police or sheriff's office in the jurisdiction where the applicant has been living for the past five years. The statement should be notarized and then signed by the county clerk authenticating the notary's signature. A sworn declaration stating that the applicant doesn't have a police record. This form is provided by the consulate. A letter on official letterhead from the organization or institution where the applicant will conduct business, stating that the applicant will be on assignment in Argentina and in what capacity or position. This letter should describe the nature of the business, place, length of the trip and who will pay for travel expenses and living expenses while in Argentina. This letter should also be notarized and then signed by the county clerk authenticating the notary's signature. A U.S. $80 money order per applicant. The applicant is generally required to call the consulate, schedule an appointment, and appear in person to obtain the visa. While the requirements for the Argentine work visa may appear onerous, it is important to bear in mind that the Argentine regulations, as well as the regulations of other Latin American countries, serve the same purpose that our U.S. business immigration regulations serve: To protect local workers and deter illegal entry and unauthorized employment. The requirements to obtain authorization to work on a temporary basis in Columbia and Chile are similar to those in Argentina. These applications are filed and processed through a local consulate. As mentioned, the applicant will generally be required to appear in person to complete the application. Brazil and Mexico also require similar documentation for visas authorizing employment, but the applications must be initiated in those respective countries. The applicant or employer must submit all the required documentation to the immigration departments of the labor ministries (the equivalent of the U.S. Immigration and Naturalization Service), which, in turn, will advise the external relations ministries (the equivalent of the State Department's U.S. consulates) whether a work visa is to be granted. If application documents are to be prepared and filed with the government's immigration department, it is advisable to seek the advice of local business immigration counsel with experience in filing such applications. Many U.S. companies are dedicating substantial resources to business expansion in Latin American markets. One key to facilitating those expansion efforts is to plan for business immigration issues to ensure that business travel and assignments abroad go as smoothly as intended. When this article was first published, Robert Johnson headed the international business immigration practice for the international law firm of Jones, Day, Reavis & Pogue. Advertise on this site Put your company on this site!