I. INM Visits
The INM may carry out control visits to the company that has foreign personnel in its charge. Visits take place at the company’s fiscal domicile. The principal purpose of those visits is to verify that all the company’s documents are up to date and corroborate its existence and regular operation.
The visits are mainly of two types:
1. Verification Visit. This type of visit is performed to corroborate the veracity of the information provided to the INM, for example:
- When the company requests a visa for a foreigner due to a job offer before the INM, the visit is performed to verify that the company exists, that it is in operation and to confirm if the job offer to the foreigner was made by the company, requiring information to the company about the foreigner such as name, nationality, position, salary, and contract term.
- When the INM notices that the migratory document of a foreigner in the country has expired.
- In the process of Updating or Opening an Employer’s Certificate, the INM verifies specific information of the company regarding its incorporation and operation and may also request the immigration documents of the foreigners who work for the company.
2. Inspection Visit. – This visit is to verify that the foreigners in national territory, and the company that has hired them, comply with the obligations set forth by in the Immigration Law and its Regulations. In this visit, the immigration agent will verify that the company has authorization from the INM to hire foreign personnel, that it is regularly operating and, that the foreign personnel have valid immigration documents.
II. What must the HR personnel or other attending a Verification Inspection visit do?
1.- Allow the immigration agent to access the company’s facilities. The immigration agent will request the presence of the Legal Representative; if he/she is not available, the immigration agent may leave a summons indicating the day and time when he will come back to carry out the visit or may continue the inspection with any other person of the company, who has the information required in the verification order, generally the person in charge of the HR area.
2.- In case a summons was previously left, on the day of the visit, the immigration agent will again require the presence of the Legal Representative. If he/she is out of the office, the visit will be carried out with any other person of the company. We recommend that the person should be someone from the human resources area who has the information on the foreign personnel.
3.- Whoever attends the visit must show the immigration agent the following information:
- Current Employer Registration Certificate of the company
- Updated payroll of employees
- IMSS data
- Information on position, salary, contract term, name, nationality of the foreigners and copy of their immigration documents
- The INM is entitled to request additional information to verify that a company and its foreign personnel comply with the Immigration Law, its Regulations, and other provisions on immigration matters.
4.- At the end of the visit, the immigration agent will issue an official written record and will leave a copy with the Legal Representative; or will require the company through an appropriate document to correct any omission found during the visit and will set a deadline to comply with such requirement. In case of non-compliance, the immigration authority may impose a fine on the company and generate an immigration alert.
III. When can I receive an inspection or verification visit to my company?
The INM has discretionary authority to carry out the visits; thus, they can be carried out randomly at the discretion of the Institute.
IV. What happens if a company does not agree to an inspection or verification visit or if it is not carried out because the immigration agent is not allowed access to the company’s facilities?
In both cases, the immigration agent leaves the company’s facilities without conducting the visit and reports to the INM that the company is not operating regularly and, therefore, the permit granted to hire foreign personnel (Employer’s Registration Certificate) is temporarily suspended. Consequently, any immigration process that may have been initiated before the INM (visas for job offers, work permits, renewals) will not be resolved until the suspension of the Employer Registration Certificate is revoked. To solve this situation, the company must request a verification visit to its facilities so that the immigration authority may verify that it complies with all the provisions of the Immigration Law and its Regulations to operate and hire foreign personnel.
Foreigners who have obtained Visas through job offers sponsored by their employers or who make business trips to the facilities of a company which the Employer Registration Certificate is temporarily suspended, upon entering Mexico may be subject to greater scrutiny by the immigration agents upon entering Mexico or may even be denied entry into the country as there is an immigration alert generated by the INM on their company.
V. Our recommendations
Instruct your company’s personnel (security, reception area and, Human Resources) to always allow access to an immigration agent who intends to conduct a visit (inspection or verification) and immediately notify the Legal Representative or the person who can act on his behalf to attend the visit.
If a company that has foreign personnel is located within a building where there are more companies, it is important that it has appropriate signage so that easily viewable, the immigration agent can easily identify it.
At EC Rubio we have the experience and knowledge to advise you and attend a successful inspection or verification visit, considering the interests of your company and the foreign personnel in your charge. So do not hesitate to contact us.
Juan Carlos Partida
Pablo De Rosenzweig