Recent changes in U.S. immigration policy have created unprecedented challenges for health-care providers and their sponsored foreign national employees. According to recent news reports, the Trump administration is considering extensive travel restrictions on citizens from more than 40 countries, which would entail a direct impact on sponsored employees. At the same time, a growing number of people in the U.S. in valid nonimmigrant status—including J-1, F-1, TN, and H-1B—have suddenly found themselves in deportation proceedings under the administration’s new policies. Multiple European countries and Canada are officially advising their citizens to avoid travel to the U.S. due to the hostile environment facing non-U.S. citizens. Despite these challenges, health-care providers across Oregon seek to protect their foreign medical professionals and the patients they serve.

Here are five key steps employers and their sponsored workers can take to minimize the risk to their immigration status:

1. 1. Consider remaining in the U.S. and avoid travel abroad whenever possible. The risk of travelling to the U.S., even with a valid visa and approved employer petition, has never been greater. The greatest hazard is at the U.S. port of entry, where all travelers (including U.S. citizens) have the fewest rights. Officers of U.S. Customs and Border Protection (an agency under the U.S. Department of Homeland Security) have the right to search the persons and belongings of all individuals seeking entry—including luggage, personal items, and electronic devices such as laptops and mobile phones. In the past, most foreign nationals who sought admission to the U.S. as nonimmigrants needed only to fear they might be refused entry and forced to return home with a cancelled visa. Today, a growing number of people seeking lawful admission in valid nonimmigrant status, including F-1, J-1, H-1B, and TN, have instead been taken into custody, detained, and processed for deportation rather than simply refused entry. Foreign nationals already in the U.S. in valid nonimmigrant status should therefore consider remaining here and avoid travelling abroad whenever possible (g., to renew a visa abroad). This is especially crucial for citizens from any of the 41 countries on which the administration has proposed to enforce travel restrictions. Citizens of the affected countries may be refused entry to the U.S. altogether if these restrictions are imposed. Instead of travelling abroad, nonimmigrants and their sponsoring employers should renew, change, and/or extend valid nonimmigrant status here, whenever possible.
   2. If travel abroad cannot be avoided, plan ahead and have a backup plan in case of trouble at the border upon return to the U.S. Individuals who cannot avoid foreign travel should plan ahead so that employers, friends, and/or family expect a call from them soon after planned arrival in the U.S.; and have a plan in case that contact does not occur as scheduled. Individuals taken into custody at the border may not receive an opportunity to make a phone call. Their contacts in the U.S. should know whom to call in the event they are detained (g., immigration counsel experienced with representing such individuals). Further, be aware that DHS has the authority to search electronic devices at the port of entry. Travelers may refuse to unlock their devices but in that case CBP has the authority to confiscate the item for further review. Consider leaving cell phones and laptops at home or carry only a simple, temporary cell phone instead, to minimize difficulties at the border. Because CBP may search electronic devices and recently began vetting the social media accounts of all non-U.S. citizens, consider how the contents of an individual’s phone might be regarded by authorities.
   3. Employers and their sponsored nonimmigrant professionals must strictly comply with all visa program requirements. Nonimmigrant statuses such as F-1, J-1, and especially H-1B are highly regulated. Strict compliance with all program and visa category requirements is critical. Even a slight change in work location, rate of pay, or job duties could result in a violation, loss of immigration status, and potential deportation. Employers and their sponsored employees should consult with counsel and evaluate potential implications of any potential change and notify relevant authorities (Immigration and/or Department of Labor) before implementing it. Nonimmigrants should never work without authorization (including self-employment).
   4. All non-U.S. citizens, including permanent residents, are required to keep DHS informed of their current home address. The current-address requirement is not new, but DHS recently announced it intends to penalize any non-U.S. citizens who fail to comply. Simply failing to keep Immigration informed of a current home address might result in a loss of status and potential deportation. All non-U.S. citizens are also required by law to keep evidence of their lawful status on their person at all times. In the past, many people chose to keep original official immigration documents safe at home rather than risk losing them or having them stolen. These days, it is strongly recommended that foreign nationals keep one or more certified and complete copies of their immigration documents in a safe place, but also carry their original documentation with them at all times. In a separate but related announcement, DHS recently announced that all non-U.S. citizens must be “registered” and fingerprinted if not previously registered. Although the statute authorizing the registration requirement is not new, the administration recently announced its intention to criminally and/or civilly prosecute anyone required to register who has failed to do so. While most nonimmigrants in the U.S. after admission with a valid visa are already considered registered, Canadian citizens who visit for longer than 30 days must now comply for the first time. If in doubt, review the DHS registration page for more information or consult with an immigration attorney.
   5. All non-U.S. citizens should think carefully before participating in political activity, published writing, or social media posting while in the U.S. in temporary, sponsored guestworker status. The recent examples of the Columbia University student, Georgetown University professor, Brown University doctor, and a professor and student at Tufts University who lost or are in the process of losing their immigration status should give cause for concern. Another red flag is the administration’s recent invocation of the Alien Enemies Act for the first time since World War II to deport people from the U.S. as well as its sudden use of a wartime provision that allows the Secretary of State to revoke the visa of anyone on “foreign policy” grounds if their political speech or activity is deemed offensive. Recent reports suggest more than 1,000 F-1 international students recently had their student visas cancelled under the new policy with no prior notice and now face deportation. Arguably, everyone in the U.S. enjoys the same rights and protections afforded by the First Amendment (including the right to free speech), even if the individual is in the U.S. illegally, and even if the speech is unpopular. However, non-U.S. citizens risk losing their immigration status, livelihood, and possibly their freedom if they exercise the same constitutionally guaranteed rights that most Americans take for granted. Minimize risk by avoiding political speech or activity while you are in the U.S. as a nonimmigrant.

The opinions expressed herein are solely those of the author. This article does not constitute legal advice. For legal advice for your situation, you should contact an attorney.