Why PEOs confuse this visa

Spain wants a simple story: “This person works for that company, which authorizes remote work from Spain, and stays in the U.S. Social Security system.” A PEO complicates the story because it splits “employer” into two entities. Justworks is the employer of record — it runs payroll, files your W-2, and administers benefits — while your actual company directs your work day to day.

Neither entity alone matches what Spain expects to see. Your W-2 says Justworks; your work reality says your company. Firms that meet a PEO case once a year discover this contradiction late, when the government asks about it. The fix isn’t exotic. It’s just sequencing and drafting.

Problem 1 — the Certificate of Coverage

The SSA Certificate of Coverage proves you remain under U.S. Social Security while working from Spain, under the U.S.–Spain totalization agreement. The Social Security Administration issues it based on the employer of record — which, for you, is Justworks.

That means the request has to be prepared with Justworks in the loop, naming the entities consistently with your W-2 and payroll records. A request that names only your operating company — the one that “feels like” your employer — comes back mismatched or stalls. In my files, the certificate request is the first thing we start, because the SSA takes roughly three months, and no filing happens without it.

Practical note: Justworks’ support teams handle these requests rarely. Expect to drive the process yourself, with your manager’s help — and with letters I draft so nobody at the PEO has to improvise legal language.

Problem 2 — the employer letter

Spain requires written authorization for remote work from Spain, specifically — a generic “this employee works remotely” letter fails. In a PEO setup, I use a two-letter structure:

  • From your operating company: your role, seniority, salary, the remote-work authorization naming Spain, and confirmation the relationship is at least 3 months old.
  • From or referencing Justworks: the payroll and co-employment relationship, tying the W-2 entity to the operating company so the file tells one coherent story.

I draft both. Your job is to get the right people to sign them — usually a founder or HR lead at your company, which is easier than people fear once the letters arrive pre-written.

What doesn’t change

Everything else in your case is a normal W-2 case: the income thresholds, the FBI check with federal apostille, qualifying health insurance, and the choice of having me file your application from Spain for the 3-year permit. Your company being at least one year old is tested against the operating company, not the PEO.

The timeline that works

  1. Month 0: confirm eligibility, tell your employer, start the Certificate of Coverage request with Justworks named correctly.
  2. Month 1: order the FBI check the fast way; line up insurance; I draft both letters.
  3. Month 2: apostilles and sworn translations; income evidence assembled.
  4. Month 3: certificate arrives; you fly to Spain; I file. Resolution in about 20 business days.

The honest warning

The only PEO cases I’ve seen fail are the ones that started the Certificate of Coverage late or named the wrong entity. Both are unforced errors. If you take one thing from this page: tell your lawyer about the PEO on day one. If you’re not sure whether you have one, check who issues your W-2 — if it says Justworks, you do.

Want to know if the rest of your case holds up? The free two-minute assessment flags the PEO path automatically and tells you what your specific file needs.

Sources: SSA — International agreements · Ley 28/2022 (BOE). Last updated: July 2026.