Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

A recent U.S. Citizenship and Immigration Services (USCIS) memo (pdf) directs field offices, when evaluating adjustment of immigration status petitions decided before January 1, 2011, to accept as valid a Form I-693 (pdf) civil surgeon endorsement that was signed more than one year prior to the evaluation if:

• the endorsement was included with the initial adjustment status application; and
• no Class A or B medical condition is listed in sections 2, 3 or 4 of Part 2.

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U.S. Citizenship and Immigration Services announced (pdf) that since November 13, 2009, it has temporarily held certain applications of individuals seeking to become lawful permanent residents until the new Centers for Disease Control and Prevention (CDC) vaccination criteria becomes effective on December 14, 2009. Under the new CDC criteria, vaccines for herpes zoster (zoster) and human papillomavirus (HPV), will no longer be required for immigration purposes. The held applications were submitted by applicants who would have been denied a visa because they failed to demonstrate that they had received the zoster or HPV vaccination.

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Health certificates authenticating that individuals are free of the H1N1 virus will be required for visitors to the United Arab Emirates (UAE) who are performing Haj, the annual Muslim pilgrimage to Mecca in Saudi Arabia. According to a Khaleej Times article, the certificate will be “issued by accredited government health providers, not private health facilities, to guarantee greater accuracy in medical examination.” The UAE will not permit pilgrims to travel to Saudi Arabia without the certificate.

In addition:

• the certificate will be signed by the doctor to ensure accuracy;
• an e-system will be used to prevent fraud; and
• screening for chronic diseases that impact immune systems will be conducted, with the goal of protecting pilgrims from diseases.

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The New York Daily News reports that the U.S. is moving toward ending its ban on HIV-infected foreigners entering the country. New regulations would not require HIV testing for various travel visas or permanent residence exams. The HIV travel ban started in 1987, at the height of the AIDS epidemic, but scientific and social advances have decreased concerns about the disease’s transmittal.

Congress proposed new regulations during George W. Bush’s final year in office, and with current administration backing the ban might be lifted by year’s end. The Centers for Disease Control and Prevention (CDC) is currently seeking public comment on the matter and final say will rest with the Department of Health and Human Services.

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Effective March 28, application forms for any temporary Australian visa must meet new health requirements, the Australian Visa Bureau reports. The working holiday visa and the holiday visa are affected by these changes. Changes to the health requirements include:

• revised “country risk levels” for tuberculosis;
• changes to “classroom requirements” for applicants seeking to work in the education industry; and
• tests for applicants seeking to study as a dentist, nurse or doctor.

The revised health requirements and the revised health procedures advice manual are available on the Department of Immigration and Citizenship website.

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