This summary is designed to provide basic information about business visit and work authorization requirements and processes for Argentina. Please remember that, as with any country, Argentina’s immigration laws may change without notice. The information in this summary is of a general nature and does not constitute legal advice. For current and detailed information regarding the topics below, as well as documentary requirements, processing times, post-arrival and departure requirements, penalties for non-compliance, allowances for accompanying family members, and any other information pertaining to your specific needs, please contact your immigration professional.
BUSINESS VISITORS
Business Visit Defined – A “business visit” is generally a short-term trip taken to conduct business activities for which work authorization is not required in the destination country. Once a foreign national requires work authorization, he or she is no longer considered a “business visitor” from an immigration perspective, even though he or she may be making a very short “visit” to a country for what he or she considers to be “business” purposes.
Allowable Activities – In Argentina, business visitors must generally limit their activities to the following:
- attending business meetings or discussions
- attending sales calls to potential Argentine clients provided that the employee represents a commercial entity outside of Argentina
- investing in or studying the financial market(s)
- visiting a company's offices
If a business trip, even if very brief, will involve activities other than those outlined above, a work permit and visa will typically be required. However, there may be differences between activities permitted by law and those allowed in practice. Additionally, even when activities are limited to those listed above, if the foreign national will generate profit for the host entity, receive compensation from the host entity and/or take direction from the host entity, a work permit may be required. Accordingly, it should not be assumed from the list above alone that a business visit is or is not sufficient for a given case. Please contact your immigration professional to confirm the requirements for your case.
Type of Visa – Business visitors to Argentina typically use the "Visa Transitoria de Negocios.”
Unless exempt by treaty or other reciprocity agreement, foreign nationals are required to obtain a Visa Transitoria de Negocios prior to entering Argentina for business visits. Please contact your immigration professional to determine whether or not a visa exemption applies to your nationality.
The Visa Transitoria de Negocios must be obtained from the Argentine consulate with jurisdiction over the applicant’s place of residence or country of citizenship.
Short-Term Technical Activities – Business visitor status is not appropriate for visits to install or repair machinery, computer software or equipment, or to perform other technical duties at either an affiliated company or a client site. Accordingly, please consult with your immigration professional for Argentina to determine the most appropriate permit and/or visa for your case.
Basic Requirements – The following general requirements for Business Visitors are subject to change by the Argentine authorities.
1. The applicant must have a residence and an employer or business outside of Argentina and must be traveling to Argentina for a limited and pre-set period of time
2. The applicant may not receive compensation from sources within Argentina (unless for "per-diem" expenses, such as meals or car fare)
3. The applicant must provide proof of sufficient funds (such as cash or credit cards) along with a confirmed, round-trip airline ticket
4. The applicant must provide proof that health/medical insurance will be provided by the employee's home company
5. Nationals of certain countries require advance authorization from the Argentine National Immigration Directorate before being eligible to obtain a Visa Transitoria de Negocios
Visa Application: Required Documents and Processing Times – Documentation requirements and processing times for visa applications tend to vary across Argentine consulates and to change frequently and without notice. Please contact your immigration professional for the most up-to-date information.
Maximum Stay – The Visa Transitoria de Negocios can be requested for stays of up to 90 days and renewed once for the same period. Therefore, the maximum allowable stay as a business visitor is 180 days per 12-month calendar period, subject to the discretion of the Argentine authorities.
EMPLOYMENT AUTHORIZATION
The following is a summary of the requirements and process for obtaining employment and residence authorization in Argentina for the common scenario of an intra-company transfer.
Please note that certain nationals may be exempt from the employment authorization requirement by treaty or other agreement. Please contact your immigration professional if you are not certain whether you require work authorization for Argentina.
Basic Requirements – The following requirements apply to the sponsoring entity and the foreign national employee:
• The Argentine corporate entity must be duly registered with the Argentine Public Registry of Commerce and must provide proof that all corporate income taxes have been paid
• The transfer must occur between an Argentine company and a foreign affiliate with clear, common-parent ownership
• Pursuant to the Argentine law, all employees must be paid a portion of their salary by the Argentine company and consequently, taxes must be paid in Argentina
• The Argentine company must be registered with the Argentine National Immigration Directorate's National Corporate Registry Office and must have a unique corporate identification number, which must be submitted with each work permit application
Process Overview – The Argentine sponsoring company must prepare a work permit application on behalf of the employee and submit it to the Immigration Directorate. Once the work permit application is approved by the Immigration Directorate, it will issue an entry permit (Permiso de Ingreso) to the sponsoring Argentine company, which must then forward it to the Argentine consulate with jurisdiction over the applicant’s place of residence. Once the Argentine consulate receives the Permiso de Ingreso, the applicant must appear at the consulate in person to submit his or her Article 23 (E) Visa application and have his or her fingerprints taken. Upon arrival in Argentina, the foreign national employee must register with the National Registry of Persons (Registro Nacional de las Personas) in order to obtain his or her National Identification Document (Documento Nacional de Identidad or DNI). The employee must also apply for a CUIL (Social Security) Card in order to be placed on the Argentine company's payroll.
Work Authorization Process: Required Documents and Processing Times – Documentation requirements and processing times for both visa and work permit applications can change frequently and without notice. Please contact your immigration professional for the most up-to-date information.
Work Permit and Visa Validity Period – Article 23 (E) Visas are generally valid for one year and may be renewed indefinitely in yearly increments. Work permits and Article 23(E) Visas are generally issued for the same duration. After a three-year period of continuous legal residence in Argentina, the employee is eligible to apply for permanent residence.
“Regularization” from Visitor to Worker Status – Only nationals of certain countries may convert from visitor to work permit holder status in Argentina. Please contact your immigration professional for further information.
PENALTIES FOR NON-COMPLIANCE
Employers that violate Argentine immigration laws and regulations are subject to fines equal to fifty times the Argentine minimum salary (approximately US$ 15,000) for each foreign national found to be working in violation of the terms of his or her stay in Argentina.
Employees who violate the terms and conditions of their stay in Argentina are subject to deportation and either a five-year or a permanent bar against re-entry.