The U.S. Department of Homeland Security ( DHS ) has issued new procedures that will streamline the issuance of certain short-term non-immigrant visas to people infected with the Human Immunodeficiency Virus ( HIV ) who are otherwise qualified to enter the United States. Under this new regulation, Department of State consular officers overseas will now have the authority to grant temporary, non-immigrant visas to otherwise eligible applicants who are HIV-positive and meet certain requirements.Previously the Department of State would request permission from DHS for HIV positive travelers to enter the U.S. It was at the discretion of DHS as to whether those persons could enter into the U.S. The process proved cumbersome at best.
The HIV Waiver Final Rule will apply to foreigners who are HIV-positive and seek to enter the United States as visitors for up to 30 days; these individuals still must meet all of the other normal criteria for the granting of a U.S. visa. The issuance of visas under the rule will also be subject to certain criteria designed to ensure an HIV-positive person’s activities while in the United States do not present a risk to the public health. Travelers who do not meet the specific requirements of the rule, or who wish to follow the pre-existing process, may elect to follow the existing procedure for a case-by-case determination of their eligibility for a visa and admission authorization.
Visas issued under this final rule will not publicly identify any traveler as HIV-positive.
The DHS rule change is not part of the recent passage of the United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008, which President Bush signed on July 30, 2008. The act removed the inclusion of HIV on a list of diseases of public health significance that made any person infected with those conditions ineligible from admission to the United States. The department of Health and Human Services is still determining the rules process to remove HIV from the list.
Considering that the DHS rule change took nearly two years from the date of initial inception, it is unlikely that the HHS changes will occur any time prior to the end of the Bush presidency, and most likely will occur well into the next presidency. The Final Rule is available at http://www.dhs.gov/xprevprot/laws/.














