IMPACT – HIGH
What is the change? The Instituto Nacional de Migracion (INM) has stepped up on-site inspections to ensure that all companies are audited and in compliance with immigration and labor law.
What does the change mean? Authorities have announced a new policy that requires all companies employing foreign workers to be audited annually. Since the announcement, the INM has been conducting employer site visits to complete the audit process and ensure that the information provided during the annual employer registration is accurate. 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.
Next steps: Companies should make sure they have an updated list of all employees that matches the corporate registry and exit documentation for all employees who are no longer with the company. Companies should also make sure that a legal representative or human resources specialist will be able to be present during the audit process.
Background: Employer audits are common practice for the INM, especially during the time of employer registration updates (March-April). According to Mexican immigration law, immigration authorities are able to conduct on-site visits of Mexican entities that hire foreign nationals in order to verify their identity. Officials are more likely to conduct an inspection in cases where a company seeks to have a visa or other immigration applications approved, is updating their employer registration certificate or has not been subject to a site visit in more than a year. Under instructions from the new government, all companies must be audited and should expect a visit by the authorities.
Analysis & Comments: 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.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
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