The Ministry of Labor and Social Welfare recently published, in the Official Gazette, Governmental Agreement No. 178-2025, which contains the new Regulation on the Authorization of Work Permits for Foreign Persons in an Employment Relationship. This regulation represents a significant change for companies hiring foreign workers in Guatemala, as it updates and modernizes a process that had remained virtually unchanged for over twenty years, since the enactment of Governmental Agreement 528-2003.

First, it is important to clarify that this regulation does not apply to all foreigners residing in Guatemala, but only to those who will be hired by a Guatemalan company under a formal employment relationship. In other words, it covers cases where there is a labor contract between an employer established in the country and a foreign worker. The permit thus authorizes work exclusively for the company that requested it, and not for any other employer.

The new regulation also expands the types of applications and the people who can submit them. On one hand, employers may request work permits when they wish to hire a specific foreign individual. In these cases, the company initiates the process and assumes responsibility for meeting all requirements. On the other hand, the regulation allows certain foreigners to apply directly for a work permit under special circumstances; for instance, if they are married or legally joined to a Guatemalan citizen, related to a Guatemalan within the degrees of law, or married to another foreigner who holds a migrant worker residence in Guatemala. The same applies to recognized refugees or family members of diplomatic or consular officials. These permits are broader in scope, as they allow employment with any employer and are exempt from administrative fees.

Regarding the requirements for companies, the regulation maintains several traditional elements. These include identification of both the foreign worker and the company’s legal representative, proof that the worker has an ongoing temporary residence application as a migrant worker, and an accounting certification confirming compliance with the minimum hiring and salary ratios for Guatemalan workers established by the Labor Code. This certification continues to serve as the main mechanism ensuring that foreign hires respect national employment priorities.

The new process also seeks greater efficiency. The Ministry of Labor now has a maximum of twenty business days for the initial review, during which it may request additional information or issue a “preliminary requirement.” The full process should not exceed two months, though it could be completed in less than twenty business days if all documentation is in order. The permit is valid for one year and may be renewed annually, provided the renewal is filed at least fifteen business days before expiration. The initial fee is Q3,000.00, with annual renewals costing Q2,000.00, while special cases (such as family members of Guatemalans or refugees) remain fee-exempt.

The new regulation entered into force on October 15, 2025, eight days after its publication in the Official Gazette. Its implementation marked a significant step toward greater clarity and formalization in the employment of foreign workers, recognizing new categories of applicants and offering broader, more transparent procedures for both companies and foreign individuals. For employers, this change represents an opportunity to review their internal compliance and immigration processes, ensuring that every foreign hire is properly documented and aligned with the new legal framework.