The HIV.gov blog focuses on using new media in response to HIV/AIDS—but we frequently get questions about HHS’ policies related to HIV/AIDS. To respond to this need, we are creating a new biweekly post that will provide a paragraph about Federal HIV/AIDS issues and policies.
This week’s post covers questions about the U.S. policy on prospective visitors who are living with HIV.
The U.S. Government has established, on a limited and categorical basis, a streamlined process for HIV-positive nonimmigrant alien visitors to obtain a B category (business or pleasure visitor) visa to enter the U.S. for up to 30 days. The HIV Waiver Final Rule gives Consular Officers overseas the authority to issue a visa, without the need of approval from the Department of Homeland Security (DHS), to an otherwise eligible applicant who has presented all of the required documentation and any other pertinent information. The former process did not authorize Consular Officers to issue a visa without an individualized, case-by-case waiver authorized by DHS.
The U.S. Department of Homeland Security has the oversight authority for the implementation of this new rule. The U.S. Department of State is responsible for the issuance of visas.