Issue 156 December 2021 - January 2022

November 24, 2021

Mexico Creates Voluntary Labor Verification Program

By Francisco Peña

On November 1, 2021, Mexico’s Secretary of Labor and Social Welfare (“STPS” for its acronym in Spanish) published a Decree in the Official Journal of the Federation (“DOF”) creating a new Voluntary Labor Verification Program (the “Program”), which entered into force the day following its publication. The decree provides that employers may voluntarily report to the STPS their level of compliance with  General Labor Conditions, Development and Training, Safety and Sanitation, among other aspects, as relates to their respective workplaces. In relation to the Program, the General Rules of Workplace Inspections and Implementation of Sanctions in force, in article 2, section VI, 46 and 47, provides for Alternate Mechanisms to Inspections (“AMI”) to be conducted by duly certified entities. The … read more

December 2, 2021

Non-Citizens and Various Types of U.S. Residence

By Marissa Sandoval Rodriguez

Non-U.S. citizens may be surprised to find out that they can unwittingly become U.S. residents for tax purposes, without the benefits of becoming a U.S. resident for immigration purposes. Such non-U.S. citizens are often surprised to learn that at least three different types of “residence” exist under U.S. law: i) for immigration purposes, ii) for income tax purposes, and iii) for estate and gift tax purposes. Obtaining a U.S. Permanent Resident Card, otherwise known as a Green Card, enables an immigrant to live and work permanently in the United States and to be protected by all of its laws. People seek Green Cards for various reasons, including as a steppingstone to obtaining U.S. citizenship, because they do not want to … read more

Work-Related Accidents and Illnesses in Mexico
By Pablo Saenz

Pursuant to the Mexican Federal Labor Law (“FLL”), work-related accidents and illnesses are those caused by an employee’s exposure to work activities. Accordingly, a work-related accident is defined as bodily injury or distress, whether immediate or not, death, disappearance caused by criminal actions, occurring suddenly at any place or time, and includes accidents that occur during an employee’s commute to or from home and the workplace; and a work-related illness is a pathological condition caused by ongoing actions arising from work-related activities, or the manner in which the employee must render services. The FLL also provides that the FLL and the Department of Employment and Social Welfare (“STPS” per its initials in Spanish) may designate other work-related illnesses from time … read more

Registering Construction Projects with Mexico’s Social Security Institute
By Miriam Name and Esteban Gómez Aguado

Mexico’s Social Security Institute (“IMSS”) provides Mandatory Social Security Rules for Independent Contractors which do Construction Work and Fixed-Term Projects (“ROTIC” for its acronym in Spanish).  The ROTIC sets forth the obligation and process to register construction works with the IMSS. Accordingly, while the primary mission and purpose of the IMSS is to provide medical care, such agency maintains a registry for construction projects taking place in Mexico. In order to maintain a more organized and reliable registry of construction employees, employers, and their respective responsibilities, the IMSS has opted to digitalize the process to register construction projects as a system and platform for the registry. The purpose of the registry is to streamline the regular process from six forms … read more

Mexico to Require Visas for Venezuela Nationals Seeking Entry
By Floriberto Morales

On January 7, 2022, the Decree establishing a visa requirement for Venezuelan nationals with regular passports entering Mexico without work authorization (the “Decree”) was published in the Official Journal of the Federation. The Decree will enter into force on January 22, 2022. Beginning on such date, Venezuelan nationals who seek entry to Mexico as visitors, without work authorization, will be required to file an application for a visa in accordance with the terms set forth in the General Rules for visa issuance issued by the Mexican Departments of Governance and State and Foreign Relations, published in the Official Journal of the Federation on October 10, 2014. The determination of the Mexican government to require visas for Venezuelan nationals derives from … read more