Preparing before ICE arrives

Physicians Practice: So for practices that are employing international medical graduates and visa-sponsored doctors, what measures can they take—or what audits can reduce the likelihood of ICE showing up in the first place?

Katie P. Russell, J.D.: Yeah, and it’s often not a very salacious answer, but it’s all about preparation—making sure that you’re organized. If you’ve got folks working at your practice and enriching your business with their experience, make sure that, one, you have a good handle on the type of visa they have, or have someone on staff who understands the ins and outs of what that visa allows them to do.

There are many different types of work visas in the United States. Anyone who holds a visa would have had someone assisting them with the process—an immigration attorney who may or may not be affiliated with the medical practice itself. So just having a good understanding of their visa information, what job it allows them to perform, and, very importantly, the expiration and renewal dates is key.

As attorneys, even when we submit a petition and it’s approved—and we’re so happy—the first thing we do after an approval is go into our system and note the expiration date. Then we determine how far in advance we need to initiate the conversation about renewing or extending it. It’s critical to stay mindful of those dates.

If you’ve brought someone onto your practice who’s doing great work and they have a nonimmigrant or temporary work visa, you can always look into more permanent options to keep them on as a permanent resident as well. Being informed, checking in with immigration counsel, and having them conduct an internal audit of your workforce can help identify what options exist for long-term stability. If you’ve got good people and want to keep them permanently, it’s always worth exploring.