The 2016 physician workforce report by the Association of American Medical Colleges (AAMC), available at bit.ly/29oTUFM , predicts a significant shortage of physicians in the United States (of up to 94,700 by 2025). To alleviate this pressing issue, the AAMC recommends a “multi-prong approach,” which includes making better use of technology, innovations in health care delivery, and increasing the number of medical school graduates by easing admissions into medical schools domestically, as well as by recruiting graduates from abroad. The top five countries of citizenship for such graduates a.k.a. the International Medical Graduates (IMGs) are: India, United States, Pakistan, Philippines, and China.
A number of compliance issues come into play when hiring an IMG. For example, IMGs are prohibited from bearing expenses associated with legal fees and costs associated with securing their visa status. This is because such expenses are deemed the employer’s business expense within the meaning of 20 C.F.R.§655.731(c)(9)(iii)(C). Also see, Kutty v. U.S. Department of Labor, 764 F.3d 540 (6th Cir. 2014). There are also prohibitions regarding non-compete provisions imposed on an IMG physician employee.
Given that ignorance of the law excuses not (ignorantia juris non excusa), it is advisable to contact legal counsel early in the hiring process.