Home Uncategorized Supporting Visa-Holding Employees: Compliance and Best Practices for Dental Practices

Supporting Visa-Holding Employees: Compliance and Best Practices for Dental Practices

by Christi Bintliff

The 411 on Immigration, Work Visas, and Deportation

As immigration policies continue to evolve, dental practice owners and managers need the proper training and resources to support their team members while ensuring compliance with the law. For practices employing team members on work visas, such as H-1B, TN, or other employment-based visas, a proactive approach is critical to avoid disruptions that could affect patient care, team morale, and overall operations.

In addition to navigating work visa complexities, practice owners and their managers must also address the potential risks associated with deportation, which can arise from visa status changes, legal disputes, or policy shifts. These scenarios can create uncertainty and stress for affected employees and their colleagues, ultimately impacting the entire practice.

Here are key measures dentist owners and managers should take to safeguard their practices and support their visa-holding employees.

Ensuring Proper I-9 Completion

The Form I-9 verifies an employee’s eligibility to work in the U.S. and must be accurately completed at the time of hire. 1 Employers are required to review and validate employee documents within three business days of the employee’s first workday. Errors, omissions, or improper filing can lead to significant fines, making compliance critical for dental practice owners and managers. In fact, one of the most common violations found during audits is the improper filing of Form I-9, often due to incomplete sections, missing signatures, or incorrect document retention. 

Understand I-9 Responsibilities Beyond the Initial Hire

Employers must monitor employees’ work authorization status throughout their employment, including tracking visa expiration dates and understanding eligibility for extensions or renewals. 

To ensure compliance, I-9 forms should always be maintained separately from personnel files and retained according to U.S. Citizenship and Immigration Services (USCIS) guidelines: “I-9 forms must be retained for three years after the date of hire or one year after the date employment ends—whichever is later.” Regular audits can help identify discrepancies, ensure proper filing, and reduce the risk of violations during an official review. 2

Failure to maintain updated records and re verify work authorization when required can lead to unintentional violations of federal law, such as employing individuals without valid authorization, which may result in severe penalties. 3 To ensure compliance, employers should maintain diligent records, reverify work authorization as needed, and stay informed about changes in immigration law that could affect their employees. This proactive approach helps prevent gaps in authorization and potential legal issues.

Implement a Visa Tracking System

Employers must proactively monitor employees’ visa expiration dates to maintain compliance and prevent legal issues. Utilizing human resource management software with built-in tracking features can automate this process, sending alerts as deadlines approach. For smaller organizations, maintaining a spreadsheet with employee visa details can be effective. 4

By implementing such systems, employers can ensure timely renewals or extensions, avoiding legal complications associated with expired visas. 5

Encourage Early Renewal Applications

Managers should assist visa-holding employees by initiating renewal applications well before expiration dates, as processing can take several months. The U.S. Citizenship and Immigration Services (USCIS) recommends filing renewals at least six months in advance to account for potential delays. 6

Providing support throughout the renewal process—including gathering necessary documents, verifying employment history, and ensuring accurate form completion—helps prevent work authorization disruptions. Establishing a system to track renewal progress and follow up can identify issues early, ensuring continuous compliance and stability for the practice.

For more information on green card renewal timelines and procedures, refer to the USCIS guide. 7

Consult an Immigration Attorney or HR Specialist

Navigating immigration law is complex, and even diligent managers may overlook key details, leading to unintentional violations or delays in visa renewals. Consulting an immigration attorney or collaborating with an HR professional experienced in immigration rules is a proactive step that provides clarity and helps mitigate risks. These experts are well-versed in the nuances of visa regulations and can offer personalized advice on staying compliant with federal immigration laws. They can guide you in maintaining proper documentation, preparing for audits, and addressing unforeseen challenges in the visa renewal process, such as changes in regulations or additional requests from USCIS.

By leveraging their expertise, you can avoid costly mistakes that could result in penalties or disruptions to your team’s work status. Moreover, immigration attorneys and HR professionals can assist in ensuring that your internal processes, such as employee tracking and reporting, align with legal requirements. This collaborative approach minimizes the chance of missteps and offers peace of mind, knowing that you have the necessary resources to manage visa-related matters effectively and protect both your practice and your employees. 8

Understanding Automatic Extensions

Certain visa types, like the H-1B, may allow automatic extensions if a renewal application is filed before the current visa expires. These extensions help prevent employment gaps during processing. To utilize this benefit, managers must ensure timely filing and accurate documentation. Clear communication with employees about these requirements is essential.

Additionally, some visas may require proof of ongoing employment or continued eligibility, adding complexity to the process. Therefore, managers should proactively track visa expiration dates, provide timely reminders, and seek legal counsel when necessary to maintain continuous work authorization. 9

Provide Support and Resources

Visa-related processes can be stressful for employees, as the uncertainty of work authorization and the complexity of the application process often create anxiety. Offering support, such as flexible scheduling for immigration-related appointments or financial assistance with legal fees, demonstrates that you value your team members and are genuinely invested in their success. This thoughtful approach not only helps alleviate some of the stress associated with navigating the visa renewal process but also fosters loyalty and a sense of security.

Providing such support shows that you recognize the human element behind these administrative tasks and that you are committed to the well-being of your employees. Moreover, creating a supportive work environment can lead to stronger team morale, improved job satisfaction, and higher retention rates. When employees see that their employer is proactive in assisting with their visa-related concerns, it builds trust and deepens their sense of belonging to the practice. Ultimately, this level of care helps create a positive and cohesive workplace culture, which can be crucial in retaining top talent and ensuring long-term success for your practice.

Stay Updated on Immigration Policies

Immigration laws and processes are subject to frequent changes, particularly during shifts in government administration, which can bring about new policies, restrictions, or procedural modifications. These changes can significantly impact on the ability to hire, retain, and manage foreign workers, especially for employers who rely on visa-holding employees.

To stay ahead of these evolving regulations, it’s essential to subscribe to updates from reliable sources such as U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and the American Immigration Lawyers Association (AILA). 10-11

These organizations provide timely and accurate information on any modifications to immigration policies, new forms or documentation requirements, and changes to visa categories or eligibility criteria. By regularly reviewing these updates, managers and practice owners can anticipate potential challenges, such as delays in visa processing, new documentation requirements, or shifts in visa quotas, and prepare to adapt their hiring practices accordingly.

Additionally, staying informed enables employers to proactively adjust workflows, timelines, and staffing strategies to prevent disruptions. Subscribing to these updates can also offer guidance on navigating legal complexities, compliance issues, or even future immigration reforms that might affect the workforce.

The more prepared you are, the better equipped you’ll be to manage any changes with minimal impact on your practice, ensuring continuity in operations and maintaining a positive work environment for your team. Moreover, being proactive about tracking these changes demonstrates a commitment to maintaining compliance, protecting both your employees and the long-term health of your practice

Have a Contingency Plan

Visa renewal delays or denials can create uncertainty for both employees and employers. To minimize disruptions, develop a contingency plan that includes cross-training employees for various roles and collaborating with temporary staffing agencies or freelancers for short-term coverage. This ensures smooth operations and helps maintain patient care. Proactive planning reduces service interruptions, protects against financial losses, and demonstrates commitment to the practice’s success. Open communication with patients about staffing changes also fosters trust and understanding, minimizing disruptions for both staff and patients.

 Foster Open Communication

Building a culture of trust and transparency with visa-holding employees is essential. Regular check-ins about their visa status and challenges demonstrate support and foster open communication. This helps identify potential issues early, such as delays in documentation or financial burdens, allowing you to provide necessary resources or legal advice. Transparency creates a sense of security, boosting morale and retention. When employees feel supported, they are more likely to stay motivated and loyal, reducing the risk of miscommunication and strengthening your workplace culture.

Why This Matters

Immigration changes and work visa challenges are more than just legal hurdles; they can directly affect the functioning of your dental practice. A team member’s visa status influences not only their ability to work but also their job security and overall peace of mind. Uncertainty around visa renewals or changes in immigration policies can lead to stress among your employees, which in turn may lower morale and productivity. For practices relying on skilled, visa-holding workers, the ability to retain these employees is crucial for maintaining high patient care standards and ensuring long-term stability.

When employees are unsure about their work authorization, anxiety, disengagement, or even turnover can occur, disrupting patient care and creating operational challenges. By proactively supporting your visa-holding team members—such as keeping accurate documentation, tracking visa expiration dates, and consulting legal professionals to stay updated on policy changes—you not only protect your practice from disruptions but also show a commitment to your team.

This approach fosters a culture of trust, inclusivity, and loyalty, where employees feel valued and empowered. It becomes a key differentiator in attracting and retaining top talent, ultimately enhancing both employee satisfaction and the quality of care you provide. Staying compliant with immigration laws helps your practice run smoothly, ensuring a strong, resilient team focused on delivering the best possible care.

Failing to comply with immigration laws could also expose employers to the risk of deportation. If an employee’s work authorization expires or is found invalid and the employer continues employing them, it can result in severe consequences, including fines or deportation. To avoid this, dental owners must stay vigilant about visa renewal deadlines, re-verification processes, and any changes in immigration regulations. Maintaining accurate records, tracking expiration dates, and consulting legal experts are essential steps to mitigate this risk and ensure your practice remains compliant.

 Cite Reference:

  1. https://kodemlaw.com/non-immigration/the-corporate-guide-to-form-i-9-compliance-key-considerations-and-best-practices/
  2. https://www.shrm.org/topics-tools/tools/how-to-guides/how-to-retain-file-9-forms
  3. https://www.uscis.gov/i-9
  4. https://lawandvisas.com/managing-work-visa-compliance-essential-tips-for-hr-professionals
  5. https://kodemlaw.com/non-immigration/work-visa-expires-employer-employee-responsibilities
  6. https://jeffreyathompsonlaw.com/do-us-green-cards-expire-what-you-need-to-know
  7. https://www.uscisguide.com/national-visa-center/us-visa-renewal
  8. https://alagirilaw.com/immigration-attorney-consultations-5-essential-reasons-why-they-matter
  9. https://www.boundless.com/immigration-resources/h-1b-visa-extensions-explained/
  10. https://www.uscis.gov/
  11. https://www.aila.org/

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