Archive for November, 2009

HIV Eliminated as a Ground of Inadmissibility

Henry Chang | November 8, 2009 in United States Immigration | Comments (0)

On October 30, 2009, President Obama announced the elimination of the HIV entry ban at the signing of the Ryan White HIV/AIDS Treatment Extension Act of 2009. The President stated that on November 2, 2009, his Administration would issue a final rule to repeal the ban.

On November 2, 2009, the Centers for Disease Control and Prevention, within the U.S. Department of Health and Human Services, amended its regulations to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of communicable disease of public health significance and remove references to “HIV” 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.

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 ground 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.

The final rule is effective on January 4, 2010.

Update on H-1B Cap Count

Henry Chang | in United States Immigration | Comments (0)

As of October 25, 2009, approximately 52,800 H-1B cap-subject petitions had been filed. United States Citizenship and Immigration Services (“USCIS”) has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.