Until recently, a provision of the Immigration and Nationality Act (INA) required the Department of Health and Human Services (HHS) to designate HIV infection a “communicable disease of public health significance.” But on July 30, 2008, President Bush signed into law an Act that amends the INA so that HHS is no longer required to designate HIV as such a disease.

So far, HHS has not acted to remove HIV infection from the list of diseases that qualify as a communicable disease of public health significance. Until HIV is taken off the list by HHS, HIV positive foreign nationals continue to remain inadmissible to the United States. The new legislation did not change the requirements for a possible waiver of this ground of inadmissibility.

We are hopeful that the situation will be resolved in the coming months.