#CostaRica 🇨🇷 #BDS_Artículo: Costa Rica’s Opportunity to Lead on AI in the Workplace
Costa Rica has a historic opportunity to become a regional benchmark for the ethical and modern...
In the current context of increasing oversight by the General Immigration Authority, compliance with immigration obligations has become a critical priority for companies hiring foreign personnel in Costa Rica.
In practice, organizations frequently make mistakes that, although they may appear operational in nature, can result in financial penalties, rejection of applications, and even restrictions on future immigration filings. Below are some of the most common mistakes:
- Allowing employees to begin working without the appropriate immigration authorization. One of the most critical mistakes is allowing a foreign national to begin working without holding the immigration status that authorizes employment. In certain cases — such as under the registered company regime — employees may begin working once the application has been filed; however, outside of these specific circumstances, doing so constitutes non-compliance that may lead to penalties for both the company and the employee.
- Inconsistencies between the employment agreement and CCSS records. The immigration authority frequently verifies that the terms and conditions outlined in the employment agreement actually match the information registered with the Costa Rican Social Security Administration (CCSS). Discrepancies regarding salary or the employee’s position can result in requests for additional information, processing delays, or even denial of the application.
- Improper use of immigration categories. It is common to see immigration categories being used in ways that do not align with the true nature of the employment relationship. In some cases, categories intended for temporary or specific activities are used to disguise employment relationships in Costa Rica. These practices may be flagged as an abuse of immigration regulations and pose significant legal risks for the business.
- Failure to properly monitor immigration expiration dates. Failure to renew permits, DIMEX cards, or extensions within the established deadlines may cause the employee to fall into irregular immigration status, directly affecting the continuity of the employment relationship and exposing the company to potential fines.
- Failure to comply with corporate requirements before government authorities. Companies must remain current with their statutory obligations before entities such as the CCSS, the National Insurance Institute (INS), and the Ministry of Finance. Falling behind on these corporate obligations may block the filing of new immigration applications or result in the outright denial of pending ones.
Immigration compliance should not be viewed merely as an operational chore, but rather as a strategic component of international talent management.
In our experience, proper planning and legal guidance not only help avoid contingencies but also streamline processes and ensure business continuity.
Having trusted, specialized legal counsel is essential to mitigating risks and ensuring that every international hiring process is carried out in strict compliance with applicable regulations.
Johanna Gómez Frittella
Attorney, BDS Asesores
