The Regulatory Change in Argentina’s Immigration System That Benefited Millions of Foreign Investors

Introduction

A recent incident at Buenos Aires’ Ezeiza International Airport led to a regulatory change in Argentina’s immigration framework that now benefits millions of foreign citizens, particularly from China, India, and the Dominican Republic, who seek to enter Argentina for tourism or business purposes.

The case began on a Sunday, when a client of Falivene & Asociados contacted the firm from Ezeiza concerned because a foreign investor traveling with him was not allowed to enter the country. The investor was a Chinese national, holding permanent residence in the United States (Green Card), and had mistakenly assumed that this immigration status exempted him from obtaining a tourist visa to enter Argentina.

Prior to the trip, the firm had not been consulted. Once the conflict arose, the legal team explained that, under the Argentine immigration regulations in force at that time, the actions of the National Immigration Authority were legally correct, even though the practical outcome clearly revealed a regulatory dysfunction.

The wording of the regulation and the criterion of actual residence

Beyond the literal wording of the regulation, the case exposed a regulatory asymmetry that was difficult to justify. In international practice, it is common to apply the criterion of actual residence when a person holds one nationality but resides permanently in another country, particularly when entering a third State.

A comparable situation exists, for example, for Chinese citizens legally residing in Argentina (holding an Argentine ID), who may enter countries of the extended Mercosur area without the need for a tourist visa.

However, in this case, Argentine regulations required a visa from individuals who had already undergone far more stringent immigration, financial, and background checks in the United States.

An asymmetry with direct impact on investors

Since 2025 (National Immigration Authority Resolutions 316 and 353), citizens of China, India, and the Dominican Republic were exempt from applying for a tourist or business visa to enter Argentina if they held a U.S. B1/B2 visa.
Paradoxically, this exemption did not apply to those holding U.S. permanent residence (Green Card).

From a regulatory perspective, the outcome was hardly reasonable:

• stricter requirements were imposed on individuals who had already been more thoroughly vetted;

• unnecessary frictions were created for business visitors;

• and legal predictability for foreign investors was undermined.

The regulatory correction

After Falivene & Asociados, through its legal director, personally and technically raised this asymmetry with national authorities, five days later Argentina’s Minister of Foreign Affairs publicly acknowledged Aníbal Falivene’s intervention and announced that the regulation had been effectively amended by the National Immigration Authority.

As a result of this modification, the admission criteria were extended to citizens of China, India, and the Dominican Republic who hold legal residence in the United States, eliminating a distinction that lacked regulatory logic.

According to official information, this change now allows more than 4 million people to enter Argentina without the need for a visa, for tourism or business purposes.

The practical impact is immediate:

• lower administrative costs,

• fewer regulatory frictions,

• greater coherence of Argentina’s immigration regime with international standards.

Final reflection

For firms advising on regulations and international investments, this case confirms that major structural reforms are not always required. In many instances, identifying a concrete inconsistency and engaging in professional, technically grounded dialogue with public authorities can produce tangible regulatory results.

Institutional quality is also built through these corrections. When authorities listen, adjust, and act, legal certainty, regulatory predictability, and investor confidence are significantly strengthened.