The 411 on Immigration, Work Visas, and Deportation
As immigration policies evolve, dental practice owners and managers must stay informed to support their teams while ensuring legal compliance. For practices employing team members on work visas such as H-1B or TN, a proactive approach is crucial to prevent disruptions affecting patient care, team morale, and operations.
Beyond managing work visa complexities, practice owners must also consider risks related to deportation, which can arise from visa status changes, legal disputes, or policy shifts. These challenges can create uncertainty and stress, impacting both employees and the practice. Here are key steps to safeguard your practice and support visa-holding employees.
Ensuring Proper I-9 Compliance
The I-9 form verifies an employee’s eligibility to work in the U.S. and must be accurately completed at hiring. Employers must review and validate employee documents within three business days. Errors can result in fines, so regular audits help ensure compliance.
Ongoing Work Authorization Monitoring
Employers must track visa expiration dates and eligibility for renewals. Failure to maintain updated records can lead to unintentional legal violations. Keeping diligent records and staying informed about immigration law changes helps prevent work authorization gaps.
Implement a Visa Tracking System
Employers should monitor visa expiration dates using HR software with tracking features or a well-maintained spreadsheet. This ensures timely renewals and prevents legal complications from expired visas.
Encourage Early Renewal Applications
Managers should assist employees in initiating visa renewals well before expiration, as processing may take months. USCIS recommends filing renewals at least six months in advance to avoid work authorization disruptions.
Consult an Immigration Attorney or HR Specialist
Navigating immigration laws is complex. Consulting an immigration attorney or an HR professional with expertise in visa regulations helps ensure compliance and mitigate risks. These professionals assist with documentation, audits, and visa renewal processes, preventing costly mistakes.
Understand Automatic Extensions
Certain visas, such as the H-1B, allow automatic extensions if a renewal is filed before expiration. Employers must ensure timely filing and maintain clear communication with employees about requirements to avoid work gaps.
Provide Support and Resources
Visa-related processes can be stressful for employees. Offering flexible scheduling for immigration-related appointments or financial assistance with legal fees demonstrates commitment to your team’s well-being. This approach fosters loyalty, boosts morale, and improves retention.
Stay Updated on Immigration Policies
Immigration laws frequently change, affecting hiring and retention strategies. Subscribing to updates from sources like USCIS, DHS, and AILA helps practice owners stay informed and anticipate challenges. Proactive adjustments to workflows and staffing strategies help prevent disruptions.
Develop a Contingency Plan
Visa renewal delays or denials can create uncertainty. Cross-training employees for various roles and collaborating with temporary staffing agencies can help maintain operations. Open communication with patients about staffing changes fosters trust and minimizes disruptions.
Foster Open Communication
Regular check-ins with visa-holding employees about their status and challenges create a supportive workplace. Addressing concerns early—such as delays in documentation—helps prevent disruptions and strengthens workplace culture.
Why This Matters
Work visa challenges impact not only legal compliance but also employee security, morale, and productivity. Proactively managing visa-related issues—such as tracking expiration dates, maintaining documentation, and consulting legal experts—ensures stability and strengthens your practice.
Failure to comply with immigration laws can lead to severe consequences, including fines or deportation risks. By staying vigilant and informed, dental practice owners can create a stable, compliant, and supportive environment for their teams, ensuring long-term success.
References:
https://lawandvisas.com/managing-work-visa-compliance-essential-tips-for-hr-professionals
https://kodemlaw.com/non-immigration/work-visa-expires-employer-employee-responsibilities
https://jeffreyathompsonlaw.com/do-us-green-cards-expire-what-you-need-to-know
https://www.uscisguide.com/national-visa-center/us-visa-renewal
https://alagirilaw.com/immigration-attorney-consultations-5-essential-reasons-why-they-matter
https://www.boundless.com/immigration-resources/h-1b-visa-extensions-explained/