Guide · Financing

Infonavit credit for foreign workers: what the law says

Infonavit credit is tied to employer contributions and housing sub-account savings. What the federal law says, and what it does not say, on nationality.

In short

Infonavit, Mexico’s federal workers’ housing fund, lends only to workers who hold savings in their housing sub-account, built from the 5 % of salary that employers must pay for the workers they register. The Infonavit law, which is federal and applies in every state, does not mention nationality as a condition in the articles on registration and credit that I read (29, 41, 42, 43 Bis and 47). A foreigner employed in Mexico and registered by the employer is therefore, on the face of the law, in the same system as a Mexican employee. The detailed eligibility rules sit in rules I did not read, so confirm them with Infonavit.

How the system is built

The Ley del Instituto del Fondo Nacional de la Vivienda para los Trabajadores (last reform published in the DOF on 21 February 2025) makes the employer the entry point:

  • Registration. Article 29, section I, obliges employers to register themselves and “inscribir a sus trabajadores” with the Institute.
  • Contributions. Section II obliges employers to determine and pay “aportaciones del cinco por ciento sobre el salario” of the workers, credited to the housing sub-account of each worker’s individual retirement account. The article states that these contributions “forman parte del patrimonio de los trabajadores”.
  • Who is a derechohabiente. Article 41 defines the worker with rights (persona trabajadora derechohabiente) as one who holds deposits constituted in their favour at the Institute.

So the starting question for any worker, foreign or Mexican, is whether an employer is paying into that sub-account. Self-employed people and buyers who are not employees in Mexico do not appear in the articles I read.

What the credit can finance

Article 42, section II, lists the credit lines for workers with deposits: line two, purchase of a home or of land for housing; line three, construction or self-build; line four, repair, extension or improvement; line five, repayment of debts incurred for those purposes; and line six, refinancing a loan from Infonavit or another financial institution. Under article 41 the worker chooses the new or existing home to which the credit is applied. Under article 43 Bis, when the worker receives a credit, the balance of the housing sub-account is applied as the down payment for one of those purposes.

Who decides eligibility

Article 47 does not set a points table in the law. It tells the Board (Consejo de Administración) to issue rules, published in the DOF, under which credits are granted “sin exigir más requisitos que los previstos en las propias reglas”. The rules must take into account, among other factors, regional housing supply and demand, the number of family members, the balance of the sub-account, priority criteria and the length of time contributions have been made. After the 2025 reform the rules must also give preference to workers who have contributed for at least ten years. The amounts, points and interest rates come from those rules and Infonavit’s published tables, which I did not read; I give no figure here.

What the law does not say

  • It does not say that a foreigner is excluded, and it does not say that a foreigner is included beyond being an employee registered by the employer. If your situation is unusual (for example, a work permit or a short contract), the immigration and labour documents are a separate question for the employer and Infonavit.
  • It says nothing about buying a home in the restricted zone. The credit is a loan; the ownership rules for foreigners are in buying property in Mexico as a foreigner.
  • I found no official source on mortgages for non-residents, so this page makes no claim about them.

Article 17 of the LTFCCG exempts credits that Infonavit grants, finances or guarantees from the debtor-substitution and creditor-substitution articles (13, 14 and 15). So the statutory shortcuts for moving a loan to another lender, or for a buyer taking over the seller’s loan, are not written for Infonavit’s own credits; article 15 adds that Infonavit may be the new lender but not the lender being replaced. See switching mortgage lender. Infonavit credits have also been adjusted by the UMA; the 2016 constitutional decree (sixth transitory) caps the yearly update of those older balances at the UMA growth rate. See UDI and UMA explained.

What it costs

The law gives no fee table for Infonavit credit; the interest rate and costs appear in the credit contract and Infonavit’s published rules. Costs of the purchase itself (acquisition tax, notary, recording) are covered in closing costs in Mexico.

Which professional to consult

Your employer’s payroll department handles registration. A real estate lawyer can read the credit contract and the purchase deed together. See real estate lawyers and notaries.

Frequently asked questions

Can a foreigner get an Infonavit loan?

The law I read sets no nationality condition; access depends on being a registered worker with savings in the housing sub-account and on Infonavit’s rules. Confirm with Infonavit.

Can a retiree or non-resident use Infonavit?

The articles I read concern workers with deposits. I found no provision for non-resident buyers.

Does the credit buy land?

Yes, article 42 includes land destined for housing, subject to the Institute checking that it is for housing use.

Is the 5 % deducted from my pay?

No. Article 29 puts the 5 % on the employer, and calls it a “gasto de previsión” of the company.

Does Infonavit apply to public-sector staff?

Public-sector federal workers have a separate fund; see Fovissste.

More guides on financing

Sources

All guides · Payotte Mexico