Compliance Enforcement and Workplace Inspections Increased

Mexico 

Immigration authorities have started requesting business and tourist visitors to present proof of departure from Mexico within the prescribed period, among other information related to the purpose of their visit. Additionally, Corporate Registration Certificates  — needed to sponsor work authorization applications — must be updated in conjunction with tax return filings.  National Immigration Institute (INM) officials have increased the amount of on-site inspections at companies' registered addresses.

Proof of Departure

If asked to present proof of departure, travelers can present a return or onward ticket to their next international destination.

On-site Inspections

Following the trend that began last year, INM inspections at companies' registered addresses are expected to continue for the rest of the year, especially in high-volume jurisdictions like Guadalajara, Mexico City, Monterrey, San Potosí and Villahermosa, among others.

Although these inspections are not considered a formal government audit, failure to comply with officials’ requests can trigger more serious consequences, which may result in an audit and/or a warning on the company’s Corporate Registration.

Update of Corporate Registration Certificate

Mexican companies employing foreign nationals must update their Corporate Registration Certificates as soon as they file their company's annual tax returns, which are due March 31, 2017. Guidelines stipulate that Corporate Registration Certificates should be filed by April 30 each year.

What This Means for Employers and Foreign Nationals

Business travelers and tourists should be prepared to present proof of departure upon entry into Mexico.

Employers cannot sponsor work authorization applications until the Corporate Registration is updated. Since the updating process takes approximately four weeks, employers should prepare all necessary documentation to update their Corporate Registration Certificate and should contact their immigration professional to start the process in tandem with tax return filing.

Companies that have been notified of an inspection should immediately contact their immigration professional to arrange for attorney representation during the inspection.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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