50-State Employment Services Industry Licensing Guide
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New Mexico Employment Agency

A businesswoman accepting her new job offer with a handshake

Licensing requirements for New Mexico employment, staffing and talent agencies.

This page provides an overview of employment services licensing in New Mexico for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in New Mexico must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

New Mexico Employment and Business Support Services Company Licenses

New Mexico Employee Leasing Contractor Registration

Agency:New Mexico Regulation and Licensing Department - Employee Leasing Program
Law:

NM Stat. § 60-13A-3

Eligible Entity Types:

  • Domestic Corporation
  • Foreign Corporation
  • Partnership
  • Sole Proprietor
  • Domestic LLC
  • Foreign LLC
  • Limited Partnership
Foreign Qualification is Prerequisite:Yes
Insurance Requirements:

Applicants must provide of current proof workers' compensation insurance.

Bond Requirements:

Applicants must maintain a surety bond in the amount of $100,000 or submit cash collateral in the same amount.

Exam Required?Not Set
Registered Agent (Special Agency) Required?Yes

Initial Registration

Form:

Employee Leasing Act Application Registration

Agency Fee:

$1,000

Notarize:Required
Required Attachments:
  • A copy of the applicable documentation authorizing the entity to do business in New Mexico
  • Notarized statement signed by individual authorized to bind the agent for service of process in New Mexico for the applicant company
  • Surety bond or cash collateral
  • New Mexico Workers’ Compensation Number and certificate of insurance showing current coverage
  • New Mexico Tax CRS-1 Identification Number
  • New Mexico Workers’ Unemployment Insurance Number
  • For partnerships, submit name, social security number, date of birth, place of birth, address, title or position, and contact information for each general partner

Registration Renewal

Form:

Employee Leasing Act Renewal Application

Agency Fee:

$1,000

Due:

Annually by the end of the registration anniversary month.

Penalties:

There is a late fee of $500.

Required Attachments:
  • A copy of a New Mexico Workers' Compensation insurance certificate
  • Notarized statement signed by individual authorized to bind the agent for service of process in New Mexico for the applicant company
  • Surety bond or cash collateral
  • New Mexico Tax CRS-1 Identification Number
  • New Mexico Workers’ Unemployment Insurance Number

New Mexico Employment Agency License

Not required



Employment Agency licensure is not required on the State level in New Mexico.

New Mexico Talent Agency License

Not required



Talent Agency licensure is not required on the State level in New Mexico.

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.