Final Rule: Medical Examination of Aliens – Removal of HIV Infection from Definition of “Communicable Disease of Public Health Significance”

On November 2, 2009, HHS/CDC published a final rule to remove HIV (human immunodeficiency virus) infection from the list of health conditions that prevent entry into the United States.  This rule established that HIV infection is no longer defined as a communicable disease of public health significance and testing for HIV infection is no longer required as part of the U.S. immigration medical screening process. Additionally, HIV infection no longer requires a waiver for entry into the United States.

HHS has authority to promulgate regulations that establish requirements for the medical examination of aliens (immigrants, refugees, asylees, and parolees) before they may be admitted into the United States. HHS/CDC administers the regulations which include the health-related conditions that make aliens ineligible for entry into the United States.

• Final Rule
• Fact sheet [PDF – 1 page]