Hiring foreign workers in Argentina is not a new phenomenon and in the future, we can anticipate a further rise in international migration to the country.
With its long history of immigration, Argentina is an attractive hub for foreign professionals seeking new career opportunities. These migrant workers make a positive impact on the country’s economy.
According to a joint report by the OECD Development Centre and the International Labor Organization (ILO), the contribution of foreign workers in Argentina is estimated at around 4% of GDP.
However, the process of bringing migrants into Argentina can be complex, involving legal requirements, entry permits, and other employment-related considerations.
In this blog post, we offer a practical, no-nonsense guide to help you navigate the essential steps and best practices when employing foreigners in the country.
Whether you’re a well-established company or a budding startup, our guide will provide all the insights you need to successfully tap into international talent.
5 Essential Steps to Hiring Foreign Workers in Argentina
Argentine immigration laws do not prescribe a specific limit or quota on the number of foreign workers that businesses can bring in.
The country’s immigration laws are primarily rooted in Migration Law no. 25871, known as Ley de Migraciones or LM. The LM’s accompanying Regulatory Decree Number 616/2010 is also governing these laws.
Additionally, the National Direction of Migrations (Dirección Nacional de Migraciones or DNM) is responsible for their enforcement. In this regard, DNM periodically issues supplementary directives like Dispositions Number 1170/2010, 1171/2010, and 1824/2013.
To ensure the proper and legal hiring of foreign workers in Argentina, you must diligently follow all migration procedures. Failure to do so could lead to substantial penalties and legal obligations.
Read on to learn the exact steps to take to ensure that foreign workers engage in legitimate employment when joining your company.
Step 1: Check If You Need to Hire Foreign Workers in Argentina from Mercosur or Outside of Mercosur
In Argentina, immigration procedures differ depending on the worker’s nationality. It’s important to be aware of these laws before proceeding with international recruitment.
Specifically, citizens of Mercosur and associated states can obtain temporary residence without the requirement of sponsorship from a local company.
Mercosur member countries include Brazil, Uruguay, and Paraguay. Associate member countries include Bolivia, Chile, Peru, Guyana, Colombia, Suriname, and Ecuador. For citizens of these countries, there are different visa considerations, and there is no need to submit an entry permit application.
On the other hand, non-Mercosur citizens need an entry permit, as will be explained below.
However, irrespective of the candidate’s country of origin, the primary focus should always be on their ability to excel in their role and contribute valuable skills to your company.
Step 2: Register Your Company with RNURE
The next step is to confirm your company’s eligibility for hiring foreign individuals.
If you own a legal entity in Argentina, it is essential to register with the National Immigrant Sponsors Registrar (Registro Nacional Único de Requirentes Extranjeros or RNURE). This registration enables you to employ non-Mercosur workers.
To do so, you must submit the supporting documents to the following email address: requirentes@migraciones.gob.ar. These documents include:
- Company legal address
- Registration number with the Legal Entities Register
- CUIT number (Tax Identification Code)
- Registered address of the legal entity (must be in the same jurisdiction as the legal address)
- Registered email address of the legal entity
- Business activity and reason for the registration request (specify the AFIP activity code)
- Address where the foreign worker will provide services
- Contact information (phone/email)
The service is free of charge.
Step 3: Recruit the Right Candidate
Next, you may proceed with the international recruitment process.
If you’re looking to find the best match, consider using VideoWorkers as your go-to platform for advertising the job. It’s a unique tool that allows you to witness candidates’ skills in action.
On VideoWorkers, each profile is equipped with a brief video presentation showcasing their skills and abilities, enabling you to precisely pinpoint the best candidate for your requirements. This interactive approach not only ensures you discover the ideal fit for the job but also makes the hiring process more engaging and efficient.
Once you’ve identified the perfect candidate, you can proceed with signing an employment contract.
Step 4: Apply for an Entry Permit for Argentina
When hiring foreign workers in Argentina who are not from Mercosur, you must file a request for an entry permit with the DNM. This allows foreigners to obtain temporary residence in Argentina.
The supporting documents for an entry permit include:
- Worker’s valid passport
- Argentine criminal record incorporated into the RaDEX
- Criminal record from the country of origin. The certificate must have the Apostille of the Hague Convention or be endorsed by the Argentine Consular Authority.
- Proof of accommodation in Argentina
- Employment contract signed by both parties. The contract must include the CUIT number of the employer as well as information concerning the remuneration and tasks that will be performed by the worker.
- Proof of employer’s registration with the Federal Public Revenue Administration (AFIP)
- Proof of employer’s registration with RNURE
- If required: proof of academic and professional qualifications
- Any additional documents required by DNM
The application fee is AR $ 6,000. To learn more about immigration fees, please refer to this link.
On average, DNM takes 45 days to process temporary residence applications.
Temporary residence is typically issued for a one-year period, with the possibility of renewal for the same duration. Once a non-Mercosur national has held temporary residence for a period of three years, they may become eligible to apply for permanent residence.
Step 5: Your Future Employee Applies for a Work Visa for Argentina
Once approved, the entry permit will be dispatched to the Consular Office of the Argentine Republic in the home country of your future employee.
Next, your future employee must apply for a work visa by submitting the following supporting documents:
- Passport valid for at least 6 months at the time of entering the country. The passport must have at least two blank pages.
- Two photographs of 4X4 cm
- Visa application form fully completed and signed
- Legalized or apostilled criminal record. The criminal record must be obtained from each country where the applicant has resided for more than one year over the previous three years.
- Commitment to tell the truth or a sworn affidavit confirming the absence of a criminal record in foreign countries. The applicant will need to sign this document in the presence of the Consul.
- Work contract signed by the employer. The contract must include the company’s registration number with RNURE. The signature of the company’s representative needs to be notarized by an Argentine Notary Public and the corresponding Association of Notaries Public. The visa applicant must sign the contract in the presence of the Consul. When submitting an employment contract, a consular fee of $60 USD may apply for certifying the employee’s signature.
- Proof of paid migration fee
- Proof of address within the jurisdiction of the consulate (e.g., ID card showing applicant’s address, utility bill, etc.)
- Proof of paid consular fee (250 US dollars or euros, depending on the country where the Consulate is located)
- Any additional documents required by the Consulate
When submitting the documents, your future employee will need to hold an interview with a consular officer.
On average, the Consular Office takes 7-10 working days to process the visa application. However, in some cases, the processing time may take up to 45 days.
After Entering Argentina
Upon entering Argentina, foreign workers need to to designate a residential address within the country.
Subsequently, they must proceed to acquire their national ID document (Documento Nacional de Identidad or DNI). Additionally, they must request a Unique Labor Identification Code (Código Unico de Identificación Laboral or CUIL) from the National Social Security Administration (Administración Nacional de la Seguridad Social or ANSES).
This allows you to legally register the foreign worker as an employee within the national system.
Hiring Foreign Workers in Argentina: Final Considerations
Hiring foreign workers in Argentina can be an extremely valuable asset to your business, provided you navigate all the necessary legal and administrative processes.
Companies found employing unauthorized immigrants may be liable for penalties. These penalties can be as substantial as 20 times the monthly minimum salary for each unauthorized foreign worker. In cases of repeated violations, the penalties may increase by 50%.
If the employer is also providing undocumented foreign workers with accommodation in exchange for compensation, the fines can reach an even higher threshold. Specifically, they can amount to 50 times the monthly minimum salaries.
That’s why it is essential to carefully consider immigration and labor laws when employing foreign workers in Argentina.
This will ensure a successful and compliant hiring process that benefits both your company and the skilled individuals you bring on board.
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