Officials ramp up site inspections

IMPACT – MEDIUM

What is the change? The Instituto Nacional de Migración (INM) has increased unannounced workplace inspections of companies that employ foreign workers.

What does the change mean? The inspections focus largely on making sure that foreign workers have the proper documentation to carry out the work they are conducting, that assignees listed in INM systems are indeed working for the company and ensuring that INM records on foreign workers are accurate.

• Implementation time frame: Ongoing.
• Visas/permits affected: All visas and permits, including renewals, and Employer Registration Certificates.
• Who is affected: Companies that employ foreign workers.
• Business impact: Companies are urged to conduct internal reviews or audits to make sure they are in compliance with immigration rules.

Background: The INM has increased the number of workplace inspections it is conducting. Officials are more likely to conduct an inspection in cases where companies are (1) seeking to have visa or other immigration applications approved, (2) are updating their Employer Registration Certificate or (3) have not been subject to a site visit in more than a year.

BAL Analysis:  Foreign workers can face serious consequences if they are found to be on an irregular status or are conducting activities that are not permitted on their permit or visa. Companies may also face legal consequences, including a negative record on their Employer Registration Certificate. Authorities have reported that they are frequently denied access to corporate offices, in which cases INM may suspend or deny pending applications. BAL is able to assist in helping employers prepare for site visits by conducting internal reviews to determine whether a company is in compliance with applicable immigration rules.

This alert has been provided by the BAL Global Practice group and our network provider located in Mexico. For additional information, please contact your BAL attorney.

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