HIV-based inadmissibility and required immigration HIV testing removed

Policy effect

From January 4, 2010, HHS and CDC removed HIV infection from the definition of a communicable disease of public health significance in 42 CFR part 34. Noncitizens were no longer inadmissible to the United States solely because they had HIV, and HIV testing was no longer required as part of the immigration medical examination. This did not remove the remaining immigration medical-examination requirements.

Conditions and exceptions

Validated condition or limit: Noncitizens were no longer inadmissible to the United States solely because they had HIV, and HIV testing was no longer required as part of the immigration medical examination.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ion of Communicable Disease of Public Health Significance AGENCY: Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS) ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Through this final rule, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove ``Human Immunodeficiency Virus (HIV) infection'' from the definition of communicable disease of public health significance and remove references to ``HI … V'' from the scope of examinations for aliens. Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the g … ore, HHS/CDC amends 42 CFR 34 as follows: HIV infection is removed from the definition of a communicable disease of public health significance as defined in 42 CFR 34.2(b), and references to HIV are removed from the scope of examinations in 42 CFR 34.3. As a result, beginning on the effective date of this rule, HIV infection will no longer be an inadmissible condition, and HIV testing will no longer be required for those aliens who are required to undergo a medical examination for U.S. immigration purposes. HHS/CDC has considered the rationale for all the public comments on the proposed rule. … of the United States; (2) aliens arriving in the United States; and (3) aliens required by the U.S. Department of Homeland Security (DHS) to have a medical examination in connection with determination of their admissibility into the United States; and (4) aliens who apply for adjustment of their immigration status to that of lawful permanent resident. While 42 CFR part 34 can apply to individuals who wish to come to the United States on a temporary basis, such as leisure or business travelers, a medical examination is not routinely required as a condition for issuance of non-immigrant visas or … entry into the United States. Aliens who are already in the United States may apply to adjust to permanent resident status pursuant to statutorily-eligible adjustment categories. See INA Sec. 245; 8 U.S.C. 1255. Refugees and aslyees may also apply to adjust to permanent resident status from inside the United States. See INA Sec. 209; 8 U.S.C. 1159. An alien seeking permanent residence, whether through an immigrant visa or asylee status, or through an adjustment of status must undergo a medical examination to determine whether the alien is inadmissible on medical grounds. Aliens seeking admiss … round they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration. DATES: This final rule is effective January 4, 2010. FOR FURTHER INFORMATION CONTACT: Stacy M. Howard, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, 1600 Clifton Road, NE., MS E-03, Atlanta, Georgia 30333; telephone 404-498-1600. SUPPLEMENTARY INFORMATION: The preamble to this final rule is organized as follows: I. Legal Authority II. Background A. Medical …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2010

• 2010-01-08USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions
• 2010-01-21Designation of Haiti for Temporary Protected Status
• 2010-03-15Temporary Agricultural Employment of H-2A Aliens in the United States
• 2010-03-31Deferred Enforced Departure and Employment Authorization Extension for Liberians
• 2010-04-05incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec.
• 2010-07-06Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation
• 2010-08-13Border Security Supplemental H-1B Nonimmigrant Fee Surcharge
• 2010-08-13Border Security Supplemental L-1 Nonimmigrant Fee Surcharge
• 2010-11-23Humanitarian parole applications made eligible for hardship fee waivers
• 2010-11-23Military members and veterans exempted from citizenship certificate application fees
• 2010-11-23Refugee travel-document application fees reduced under the 2010 USCIS fee schedule
• 2010-11-30International Adoption Simplification Act of 2010