What Happens During An Immigration Inspection of a Business?

What Happens During An Immigration Inspection of a Business?

There is a knock at the door and a white van outside and 3 to 5 uniformed immigration agents. What do you do? Why are they here at my business?

Usually there are a number of reasons for which immigration will do a verification inspection at a business such as:
When an employer / company requests to hire a foreigner
When a employer / company has foreign workers
When a employer / company files employer registration documents with immigration or updates them
When a complaint is made to immigration about a employer / company.

Immigration will inspect the employer facilities and fill out a report that focuses on the following points:
1) The characteristics of the property where the business is located (Type of facade, how many stories, type of gate, reference points on either side and in front).
2) Note the type of property use. (Residential home, business, offices, company, laboratory, warehouse, restaurant, residential property used as offices, others.)
3) Number of people that are physically present at the time of the verification inspection, as well as their name, nationality and official identification document being: IFE or passport (Mexicans) or immigration document (foreigners) , in the vent of the latter they will want to attach a copy of the document or reference number.
4) Request a list of Mexican and foreign workers at the company or workplace, proving the labor relationship and where proper requesting proof of payment of IMSS employer contributions.
5) Confirm if the employer / company has other duly registered branches or other offices where foreigners are working, attaching a utility bill for each location.
6) Ask the reason for why the employer / company requested to be registered with immigration, when proper listing the name, nationality and position of the person they are looking to hire as well as show that they have the knowledge and skills to work in the area.
7) Ask the owner of the business if they have ever requested a work visa for a foreigner.

Many times people wonder if a person can be working at a business while their work authorization is in process and the answer is that foreigner should only be working after they have received their work authorization and not before as both the employer and employee risk sanctions if they are caught. It is best to comply with the law and not have problems.

One issue we have seen is people working from their homes. If immigration comes for an inspection and you are not home, they will find a neighbor to ask and if the neighbors say that it is a residence and that there is no business there then immigration may deny your papers stating that you didn’t tell the truth as their workplace inspection revealed that the place of work listed on your papers was not a real business and making false statements is a reason to deny your application. A good point is to know your neighbors and let them you know you work from home in the event that immigration comes to visit and you are not home.


About the Author:

Litigating Attorney and Official Court Translator in the State of Jalisco, Mexico