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What are the requirements on the health conditions of EB-5 investors?

Will an investor with HIV who is under treatment be eligible to apply for an EB-5 visa? The viral load test has been consistently “undetected.” Are there any conditions or diseases, other than HIV, that may hinder an application?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It would depend on the medical examination. It may affect the application, but I would look into it further.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Under current law, HIV is not listed among the communicable diseases of public health significant to make you inadmissible for an immigrant visa based on EB-5 case. However, other diseases may affect an application for an immigrant visa. It is advisable that you have a consult with an immigration attorney to review the specifics of your case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    U.S. immigration laws list certain communicable diseases of public health significance as part of the inadmissibility grounds. There may be certain exceptions and waivers that might apply, but these fairly case specific, depending upon the particular disease. Check with an experienced immigration attorney for questions on your specific situation.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You can look at the Form I-693 for the issues they look at. Generally, if you can show under treatment and you can pay for the treatment, you are fine but may or may not need a waiver. I have handled HIV waivers successfully but not sure if a waiver would even be required now that so much more is known about the disease and the treatment.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There are no health conditions requirement for EB-5 investors. Since January 4, 2010 HIV is neither required in the medical exam nor listed as a communicable disease of public significance for immigration purposes. Thus, HIV is no longer used to bar entry into the US. Regardless though, an investor infected with HIV is advised that the existence of the disease should be disclosed to avoid any allegation of misrepresentation.

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    Phuong Le

    Immigration Attorney
    Answered on

    HIV is no longer on a list of communicable diseases that will bar entry into the U.S. Other diseases may bar you though, which include tuberculosis and leprosy.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Please check the USCIS Policy Manual, Volume 8 which discusses the causes of inadmissibility. Part B, Chapter 6 of Volume 8 discusses Communicable Diseases of Public Health Significance. Part A, Category 2 clearly states that "As of January 4, 2010, human immunodeficiency virus (HIV) infection is no longer defined as a communicable disease of public health significance according to HHS regulations." Therefore, "the officer should disregard a diagnosis of HIV infection when determining whether an applicant is inadmissible on health-related grounds." That said, Part A clearly mentions other medical conditions such as Gonorrhea, Leprosy, infectious, Syphilis, infectious stage, and Class A clinically active and communicable Tuberculosis as communicable diseases of public health significance that make the applicants inadmissible.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Department of Health and Human Services and Centers for Disease Control and Prevention have removed am HIV (human immunodeficiency virus) infection from the definition of "communicable disease of public health significance." This means this condition is not a bar to receiving immigration benefits.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As of Jan. 4, 2010, human immunodeficiency virus (HIV) infection is no longer defined as a communicable disease of public health significance, according to HHS regulations. Therefore, HIV infection no longer makes the applicant inadmissible on health-related grounds for any immigration benefit adjudicated.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    HIV is not considered in the immigration admissibility inquiry. So applicant will be OK.

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