Can You Get Spain's Digital Nomad Visa If You Work for a Non-Profit, NGO or University?

Working for a non-profit, NGO, foundation or university does not, by itself, make you ineligible for Spain's Digital Nomad Visa under Spanish law. Article 74 bis of Law 14/2013 defines the international teleworker as someone who works remotely for companies located outside Spain, and it sets no for-profit condition.

The confusion comes from one source. The consular section of the Spanish Embassy in Washington DC publishes guidance that excludes universities, foundations, NGOs and other non-profit entities.

The New York and San Francisco consulates do not publish that exclusion. Neither does the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE), the national office that grants the residence authorization when you apply from inside Spain.

This guide explains what the law requires, how the consulates differ and how a non-profit employer can be documented.

Key Takeaways

• Law 14/2013 (Articles 74 bis and 74 ter) requires a foreign employer with at least one year of real and continuous activity. It does not require the employer to operate for profit.
• The Washington DC consular section excludes non-profits, universities, foundations, NGOs, government agencies, international organizations and individuals. The New York and San Francisco consulates do not.
• You cannot choose your consulate. Jurisdiction depends on where you legally reside.
• Applicants who are legally in Spain can apply directly to the UGE, which applies the national legal text, has a 20-business-day legal deadline and can grant up to three years of residence.
• The practical hurdles are documentary: proof of the employer's legal existence and activity, a compliant employer letter and a valid Social Security route.
• Public universities, government agencies and international organizations raise additional questions that require individual analysis.

What Spanish Law Says About Eligible Employers

Spain's Digital Nomad Visa was created by Law 28/2022, known as the Startups Law, which added a new chapter on international teleworkers to Law 14/2013 on support for entrepreneurs.

Article 74 bis.1 defines the international teleworker as a third-country national authorized to stay in Spain to carry out an employment or professional activity remotely for companies located outside Spanish territory, using exclusively computer, telematic and telecommunication means.

Article 74 ter sets the specific requirements. For the employer, point (a) requires real and continuous activity for at least one year by the company or group of companies with which the worker has an employment or professional relationship.

Points (c) and (d) add a minimum relationship of three months. An employee must have worked for the non-Spanish employer for at least the last three months, and a freelancer must have had a commercial relationship with one or more non-Spanish companies for at least the same period.

None of these provisions mentions profit, ownership or legal form. The law uses the Spanish word "empresa" (company), and the different readings of that word explain why guidance varies between offices.

In practical terms, a "company located outside Spanish territory" is the foreign entity that employs or contracts you, is not established in Spain and can prove at least one year of real, continuous activity.

What UGE Requires From Your Employer

The UGE is the unit of Spain's Ministry of Inclusion, Social Security and Migration that processes the residence authorization for applicants who are already in Spain. Its official document checklist for main applicants (version 2.6) and its published FAQ describe the employer in the same terms as the law, with no for-profit condition.

What the UGE does require is evidence. The employer's real and continuous activity for at least one year must be proven with an official certificate from the commercial registry, or its equivalent, in the country of origin.

The employer must also provide a letter authorizing remote work from Spain. According to the UGE checklist, the letter should describe the role profile, the main duties, an express statement that the job can be performed remotely, the salary in euros and the other conditions of the remote arrangement.

The UGE FAQ adds that it may request information about the size, activity and structure of the employer to confirm that the role can genuinely be carried out remotely.

The income threshold is the same regardless of employer type: €2,849 gross per month in 2026. This is 200% of the Spanish minimum wage (SMI) of €1,221 paid in 14 instalments, annualised over 12 months, as set by Royal Decree 126/2026. For the complete list of employee documents, see our guide for remote employees.

Consulate Guidance Compared: Washington DC, New York and San Francisco

Spanish consulates publish their own requirement pages for the telework visa, and the wording is not identical. The table below reflects the pages as checked on 11 September 2026.

The Washington DC consular section states that the teleworker must work for, or provide services to, a company. It adds that the visa does not cover work for individuals, international organizations, government agencies, universities, foundations, NGOs or other non-profit entities.

The New York and San Francisco pages describe the visa using the wording of the law and request a certificate from the commercial registry or an equivalent body. Neither includes a non-profit exclusion.

Other US consulates, including Boston, Chicago, Houston, Los Angeles and Miami, publish their own pages. Wording can change without notice, so check the current page of the consulate that covers your state before preparing documents.

Why You Cannot Choose Your Consulate

Spanish consulates only accept visa applications from people who legally reside in their consular district. The Washington DC consular section covers Washington DC, Maryland, Virginia, West Virginia and North Carolina.

If you live in one of those five jurisdictions, filing in New York or San Francisco is not an option. Each consulate checks proof of residence in its district, such as a driver's license or state ID.

Consider a program manager at a private university in Washington DC who lives in Arlington, Virginia. The law does not exclude her employer, but the consulate responsible for her application publishes guidance that does.

Filing there anyway may result in a refusal. A refusal can be challenged through a reconsideration appeal within one month or before the High Court of Justice of Madrid within two months, but either path adds time and uncertainty.

If you live in the Washington DC district and work for a non-profit, you can book a free case evaluation to review which route fits your situation before you gather any documents.

Applying From Inside Spain: The UGE Route for Non-Profit Employees

The Washington DC consular section's own page notes that foreigners who are legally in Spain can apply for the telework residence authorization directly in Spain, without a prior visa. This route is set out in Article 74 quinquies.1 of Law 14/2013.

US citizens can stay in Spain without a visa for up to 90 days in any 180-day period. The application must be filed while that legal stay is still valid.

Under this route, the decision is made by the UGE applying the national legal text rather than a consulate's own guidance. The legal deadline to decide is 20 business days, and if no decision is notified within that period, the application is approved by positive administrative silence.

The authorization can be granted for up to three years, compared with a maximum of one year for the consular visa. The UGE fee is €73.26. At the Washington DC consular section, the visa fee from 1 January 2026 is $190 for US citizens, $963 for UK citizens and $1,566 for Canadian citizens.

The UGE route removes the consulate-level exclusion, but it does not lower the evidentiary standard. The UGE still reviews whether your employer can prove legal existence, one year of real activity, a remote-compatible role and a valid Social Security route. For a detailed look at this route, see our guide to applying from within Spain.

How to Document a Non-Profit, NGO or University Employer

In the United States, many private non-profits and private universities are incorporated as non-profit corporations under state law. The state office that registers corporations, usually the Secretary of State, can issue a certificate of incorporation or good standing showing the date of formation.

That certificate is the closest equivalent to the commercial registry certificate requested by the UGE and the consulates. As an official public document, it requires an apostille and a sworn translation into Spanish, as explained in our guide to apostilles and employment proof.

Because a registry certificate shows when an entity was formed rather than what it does, supporting documents can help demonstrate real and continuous activity. For US organizations, these may include the IRS tax-exemption determination letter and recent Form 990 annual returns, which report revenue, expenses and staff. Whether each document requires its own apostille depends on its nature and should be confirmed case by case.

The employer letter deserves particular care. The UGE FAQ explains that remote-eligible roles are those whose duties do not require in-person supervision or management. For academic staff, the distinction between remote research or administration and in-person teaching is therefore relevant, and the letter should accurately reflect remote duties.

Social Security is the next requirement. For employees, the UGE FAQ sets out two options. The employer can register with Spanish Social Security as a non-resident entity without an establishment in Spain, so the employee can be enrolled in the General Regime.

Alternatively, where Spain has a Social Security agreement with the employee's home country, the employee can present a certificate from that system that expressly covers remote work from Spain. For US employees, this is the certificate of coverage issued by the Social Security Administration under the US-Spain agreement, covered in our guide for US citizens on W-2 and 1099 contracts. Independent contractors must instead register in Spain's self-employed regime (RETA), with no option to import coverage.

Finally, check whether the organization has any presence in Spain. According to the UGE FAQ, if the employer has a branch in Spain, the case is treated as an intra-company transfer rather than international telework. Universities that run a Spanish campus or study-abroad center through a local entity should confirm this point early.

Some applicants consider moving to an employer of record to avoid these questions. That changes who the employer is and creates its own complications, as explained in our article on why an employer of record does not solve the Digital Nomad Visa.

Cases That Need Extra Care: Public Universities, Government Agencies and International Organizations

Public universities and government agencies are usually created by statute rather than registered as corporations, so there may be no registry certificate in the usual sense. The law does not exclude them, but the UGE has not published criteria on which documents it accepts as equivalent in these cases.

Social Security can be a second obstacle. Not all US state and local government employees are covered by Social Security through their public job: according to the National Conference of State Legislatures, about 28% were not covered in 2018.

An employee who is outside US Social Security cannot obtain a US certificate of coverage. In that situation, the remaining route is registration of the employer with Spanish Social Security, which a public body may be unable or unwilling to complete.

International organizations, such as United Nations agencies or multilateral development banks, operate under their own treaties and often run their own staff pension and social protection schemes. They are not registered like companies. The Washington DC consular section excludes them explicitly, and the UGE has not published guidance on them.

These profiles require individual legal analysis before applying through either route.

Your Next Step

Start by confirming which consulate is responsible for your state of residence and whether its current page excludes non-profit employers. Then assess whether applying from inside Spain is realistic for you, taking into account the 90-day visa-free period.

Next, review the four documentary areas: the registry certificate or equivalent, evidence of at least one year of real activity, an employer letter that reflects remote duties, and a valid Social Security route. Our document checklist covers the rest of the file.

Hoply's Spain-based immigration lawyers review, prepare and file every case. If your employer is a non-profit, NGO, foundation or university, you can book a free case evaluation to check whether your documentation meets what the law and the UGE require, and which route suits your situation.