FREQUENTLY ASKED QUESTIONS

What is Naturalization / Citizenship?

How do I obtain Permanent Residence?

What is Form I-864?

What is a Visa?

What is a Status?

Can I apply as an Employment-Based Immigrant?

What is Labor Certification?

Can I apply as a Family-Sponsored Immigrant?

H-1B cap reached? What now?

How Do I Post a Bond for a Family Member in Immigration Detention?

Background

Delivery Bond

Voluntary Departure Bond

How Do I Post a Bond?

Cash Bond

Surety Bond

What information is Required for Posting a Bond?

Can Anyone Help Me?

How Do I Receive A Refund for a Cash Bond?

How Do I Report a Change of Address to USCIS?

Background

Where Can I Find the Law?

Who Must Comply?

How Do I Report?

What Should I Include?

Additional Information

How to Find Information About Medical Examinations?

Medical Exam  

Why are medical exams needed?
Who has to have a medical exam?
What if I am pregnant?
What are the vaccination requirements?
What if vaccinations are against my religious beliefs or moral convictions?
What happens after the medical exam?

Doctors/Civil Surgeons/Panel Physicians 

Who gives the medical exam?
How do I find a designated Civil Surgeon in my area of the United States?
How do I find a Panel Physician if I am applying from overseas?
Who pays for the medical exam?
Designated Civil Surgeons

Forms and Paperwork 

What forms are needed?
Is anything else needed?

After the Medical Exam 

What happens after the medical exam?
What is a “medical waiver” and what does it do?
What are “medical grounds of inadmissibility”?
Are all physical or mental disorders considered “medical-related grounds of ineligibility”?
What if I have a physical or mental disorder with associated harmful behavior?
What if I am found inadmissible on medical grounds?
What happens if the Civil Surgeon or Panel Physician finds a health problem during the medical exam?
What is a “communicable disease of public health significance”?
What if I test positive for HIV?
How do Civil Surgeons and Panel Physicians determine drug abuse or addictions?

How Do I Find The List of Doctors Approved For USCIS Medical Examinations in My Area?

How Do I Get A Work Permit?

How do I obtain Permanent Residence?   >Top

Permanent Residence can be obtained directly through the INS while in the US - this is called Adjustment of Status/ Otherwise, some people may obtain Permanent Residence Status by Consular Processing - the immigrant visa process at a US consulate or embassy outside the US. A person must generally be eligible in an immigrant category and be admissible to the US present or past conduct. Drug abuse, serious criminal conduct, giving false information to immigration authorities can create admissibility conduct.

What is Form I-864?   >Top

Form I-864, or Affidavit of Support, is a legally enforceable agreement wherein the sponsor commits to providing support to the foreign national. Therefore the affidavit creates a legally binding contract between the sponsor, the foreign national and the federal, state, and local governments whose sources may be recouped should the foreign national receive any assistance from governmental agencies. This contract is enforceable for a substantial time period and does not end by the termination of the family relationship. Form I-864 is used for permanent residence application processing only. It is not used for any application by a foreign national to enter the U.S. as a non-immigrant.

What is a Visa?   >Top

A visa represents permission to seek entry to the U.S. but it does not guarantee admission to the US. A Visa only allows a person permission to come to the US to try to get a status from the INS. Visas are available form U.S. consulates and embassies outside the US.

What is a Status?   >Top

A status is an official immigration category assigned to a non-citizen presiding in the US. A status is only available from the INS inside the US or at one of the INS pre-flight inspection offices outside the US. In many cases, a person's status in the US may be changed or extended by the INS without the need to get a new visa. Usually a person's current status determines whether that person may stay or work in the US.

Can I apply as an Employment-Based Immigrant?   >Top

There are three employment-based preference categories, as follows :

First Preference

1(a) Extraordinary Ability

Individuals with extraordinary ability and achievements in the arts, sciences, business or athletics who intend to continue work in their field after they enter the US. This does not require a job offer or Labor Certification

1(b) Outstanding Professors or Researchers

Individuals entering a tenured or tenure-track or a comparable research position in academics or private industry. This does not require Labor Certification

Second-Based Preference

2(a) Advanced Degree Professionals

Members of professions holding advanced degrees (Master's degree or higher) who are sponsored by a US employer. This category requires a Labor Certification in most cases, but if the applicant can establish that their admission is in US national interest, a Labor Certification is not required.

2(b) Exceptional Ability

Certain immigrants with exceptional ability in the arts, sciences, or business who are sponsored by a US employer. Requirements are same as above.

Third-Based Preference   >Top

3(a) Professionals

Members of professions who are sponsored by a US employer. Labor Certification required.

3(b) Skilled Workers

Workers whose jobs require two years of specific training or experience who are sponsored by a US employer. Labor Certification is required.

3(c) Other Workers

Workers in this category can anticipate a wait of ten or more years before eligibility of immigration. These are workers whose jobs require less than two years of specific training or experience. Labor Certification is required.

What is Labor Certification?   >Top

Labor certification process acquires approval from the US Department of Labor. It is a complicated process and most applications seek the assistance of an experienced business immigration lawyer (available to you at Evisa)

Can I apply as a Family-Sponsored Immigrant?   >Top

The Family category requires sponsorship by a close relative of the applicant who is a US citizen or a permanent resident (Green Card holder) Permanent residents may sponsor spouses, children, and adult unmarried sons and daughters. US citizens may sponsor their spouses, children under 21 years old, and their parents for permanent residence with some local delays. US Citizens may sponsor their children over 21 years old with longer delays.

H-1B cap reached? What now?   >Top

On July 25, 2000, the INS announced that it had reached the H-1B cap and reached the limit of 115,000 H-1B visas for this fiscal year. Where does this leave employers? What options are available? Who can work and when? The following seven guidelines will help employers and foreign nationals sort through the implications of this announcement.

1. No new initial H-1Bs will be granted until after October 1, 2000. Foreign nationals outside the U.S. or who are in the U.S. in a different status who seek to change to H-1B status will have to wait until after 10/1/00, the start of the new fiscal year, to obtain them.

2. Employers must wait to hire these particular foreign nationals. Until the H-1B is approved, the employer cannot hire the person unless the foreign national has work   >Top authorization based on a different status authorizing him to work. For example, a F-1 student on Optional Practical Training who has a valid work permit may work for the employer while waiting for the change of status to H-1B petition to be approved after October 1, 2000. However, if the work permit expires before the approval date of the H-1B, he must stop working immediately.

3. Foreign nationals already possessing H-1B status and are transferring H-1B sponsorship or seeking concurrent employment can work before 10/1/00. H-1B transfer petitions and petitions seeking concurrent employment for a second H-1B sponsor are not subject to the cap and are continuing to be processed at INS service centers. A person already on a H-1B seeking to transfer the H-1B sponsorship can have his transfer petition approved before 10/1/00 and begin working as soon as he receives approval. He cannot commence working for the second employer until explicitly receiving approval from the INS.   >Top

4. F-1 and J-1 foreign nationals may legally continue to stay in the U.S. If the change of status petition was submitted while the foreign national was still in valid F-1 or J-1 status, the INS will permit her to stay and wait for the approval of the H-1B petition. However, she cannot work until after receiving H-1B approval.

5. The foreign national can be kept on payroll as long as she’s not providing services. To be paid and provide services constitutes “work” which is prohibited until receiving H-1B approval. A company can place a foreign national on paid leave when the person’s work authorization expires. Since the person is not providing services, it can be argued that no work is being done, and it is less likely that the INS will consider this to be violation of work authorization regulations. The advantage to this is it avoids requiring the person from having to go through the new hire paperwork process once he receives the H-1b approval. It is often utilized near the end of September when the H-1B has an approval with a 10/1/00 start date. Caution is urged: this is a position that may be disputed in an investigation by the INS, and companies doing this to hold on to key individuals should consult with immigration counsel.

6. The foreign national may provide services, but not receive compensation or be on payroll. This is possible, but scrutinized by the INS since it is highly unlikely that a person will work without pay. The INS will examine whether compensation was later provided in a disguised form. If this is the case, the INS may consider the foreign national to have illegally worked without authorization. In this case, the company can also be in trouble for hiring an employee who does not have proper work authorization. Since this is arguable stance, companies pursuing this route should consult an immigration attorney to ensure that they are in compliance with the law.

7. Employees outside the U.S. with H-1B approval notices can enter the U.S. up to ten days prior to the start date. If a foreign national has a start date of 10/1/00, he may enter as early as September 21, 2000 to find a place live and settle into life in the U.S. However, he may not begin working until the actual start date listed on the H-1B approval notice.   >Top

How Do I Post a Bond for a Family Member in Immigration Detention?   >Top
  

Background   >Top
You may be able to secure the release of an alien who has been detained by the U.S. Immigration and Customs Enforcement (ICE) if you post a bond for the alien. A bond is a contract between the person or company posting the bond (the obligor) and the ICE. ICE may make a demand on the obligor to have the alien appear for a hearing, interview or removal from the country. ICE will do this by sending the obligor a Form I-340 (Notice to Obligor to Deliver Alien). If the alien does not show up for ICE interviews or depart the country on time, the person posting the bond will have breached the contract with ICE and may lose the money or collateral paid for the bond. Two types of bonds are discussed below: Delivery Bond and Voluntary Departure Bond. Please note: Not all ICE field offices accept bonds.

Delivery Bond   >Top
A person who is arrested by the U.S. Immigration and Customs Enforcement and is issued a Warrant of Arrest (Form I-205) and a Notice of Custody Conditions (Form I-286) may be eligible for a delivery bond. The amount of a delivery bond should be sufficient to ensure that the alien will appear for any future immigration proceedings. In order to be considered for bond, the alien must be eligible (see the Code of Federal Regulations at 8 CFR § 236.1) and demonstrate to the satisfaction of the immigration officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceedings.

Voluntary Departure Bond   >Top
An alien who is allowed to depart the country voluntarily after being placed in removal proceedings (or in lieu of such proceedings) has been granted Voluntary Departure. The Immigration Judge may, and, in some cases, must, require that someone post a bond in an amount that will ensure that the alien departs the United States within the time specified.

How Do I Post a Bond?   >Top
There are two ways to post a bond after ICE determines that an alien is eligible for a delivery bond ($1500 minimum) or is granted Voluntary Departure with bond ($500 minimum): Cash Bond and Surety Bond. A cash bond and a surety bond are two methods of posting either a delivery bond or a voluntary departure bond.

Cash Bond   >Top
A cash bond must be paid directly to the U.S. Immigration and Customs Enforcement. Please contact your local ICE field office for more information on contacting local ICE offices and local procedures and hours of operation.

When a cash bond is posted, it must be for the full amount of the bond, and in one of the following four forms:

1. CASH
   

2. MONEY ORDER
   

3. CASHIER'S CHECK
   

4. U.S. BONDS or NOTES

There is no provision for paying a percentage of the cash bond, and no form of collateral outside of the four mentioned above will be accepted for a cash bond.

Surety Bond   >Top
To post a surety bond you must work through a private company rather than ICE. You can find the names and addresses of agents who will post surety bonds for immigration purposes in the yellow pages. Usually they are located in the general vicinity of ICE offices which accept bonds. Sometimes, but not always, these companies also post criminal bail bonds. Their requirements for collateral and premiums vary, and ICE does not recommend any one company over another. Your local ICE office may, however, be able to provide you with the names of agents in that area who will post surety bonds.

What information is Required for Posting a Bond?   >Top
The following information is required for posting a bond:

1. Alien Name
   

2. Alien Registration Number
   

3. Name of the facility where the alien is being held
   

4. Alien's home address
   

5. Alien's date of birth
   

6. Alien's country of birth
   

7. Bond Amount
   

8. Name of the person posting the bond
   

9. Valid address for the person posting the bond
   

10. Valid Social Security Number for the person posting the bond
    

11. Valid phone number for the person posting the bond
    

12. Acceptable form of identification

Any one of the following are acceptable forms of identification:   >Top

1. Permanent Resident Card
   

2. Passport with appropriate stamps
   

3. Valid driver's license
   

4. State identification with proof of immigration status

It is your responsibility to ensure that all information you provide to the U.S. Immigration and Customs Enforcement is accurate and up to date. All notices for interviews and court appearances will be sent to the alien's address that you provide us. Failure of the bonded alien to appear upon demand by the ICE could result in the bond being breached.

Can Anyone Help Me?   >Top
If advice is needed, you may contact the ICE Field Office near your home for a list of community-based, non-profit organizations that may be able to assist you.

How Do I Receive a Refund for A Cash Bond?   >Top

When immigration bonds for which cash is posted as collateral are cancelled, the obligor is notified by ICE through a Form I-391 (Notice - Immigration Bond Cancelled). The obligor is instructed to file for a refund of the principal and any accrued interest. While ICE makes every effort to notify obligors of their eligibility for a refund, not all refunds are claimed. When cash bonds are breached, ICE notifies the obligor through a Form I-323 (Notice - Immigration Bond Breached). ICE is entitled to keep the principal amount from breached bonds. However, the obligor is entitled to receive a payment of accrued interest.

If you have posted a cash bond as an obligor and believe that you are owed monies by the U.S. Immigration and Customs Enforcement pertaining to a cancelled (principal plus interest) or breached (interest only) immigration bond, please follow these instructions:   >Top

1. If you have the original bond receipt (Form I-305) and your copy of the bond contract (Form I-352), mail these documents to the address listed below.

2. If you do not have the original receipt (Form I-305), please complete Form I-395 (Affidavit in Lieu of Lost Receipt of United States Immigration and Naturalization Service for Collateral Accepted as Security) and mail a notarized original to the address listed below. Include a copy of the bond contract (Form I-352) if you have it.

Please forward bond documents or questions to:   >Top

How Do I Report a Change of Address to USCIS?   >Top

Background   >Top
All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a "special registrant" under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address, employment or school. The special registrant rule is effective as of September 11, 2002.

In the past, our predecessor, the INS, required every alien in the United States to report his or her address annually, in January. They eliminated this requirement in 1980 and no longer requires annual reporting. However, the USCIS still requires reporting of any address change within 10 days of the change.

Where Can I Find The Law?   >Top
The Immigration and Nationality Act (INA) is a law that governs immigration in the United States. For the part of the law concerning reporting of your address and for the penalties if you do not comply, please see INA § 265 and 266. The specific requirements for reporting your change of address are federal regulations found in 8 CFR Part 265 and at 67 Federal Register 52584, 52592 (to be codified at 8 CFR § 264.1(f)(6)(concerning designated special registrants)).

Who Must Comply?   >Top
All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).

How Do I Report?   >Top
All aliens changing their address must file Form AR-11 with the USCIS address listed on the form. That address is:

The USCIS has created an additional procedure and recommends additional   >Top notifications for those aliens who are also applicants for benefits. An applicant for naturalization may comply with the law by filing a Form AR-11 AND telephoning the National Customer Service Center to advise that office of the change of address. Applicants and petitioners for any other benefits should file a Form AR-11 AND notify in writing the local office processing their case of any change of address. Please see Change of Address (found under Contacting Us) on your local office About Us page.

You may choose the method of mailing your Form AR-11. Using certified, registered or receipt mail is not currently a USCIS requirement. However, it is advisable to send the AR-11 with a Return Receipt or some other method (see "Adding Extra Services") that will give you documentation that you did indeed mail the form to the USCIS, in case there should ever be a question.

What Should I Include?   >Top
For the Form AR-11: Complete the information requested on the form, including present address, last address (most recent only), alien or registration number, country of citizenship, date of birth, and your signature.

You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.

When sending us a change of address, you do not need to include numerous last addresses; only the most recent last address is needed.

Be sure to also indicate in the appropriate block on the AR-11 your current employment and school, where applicable.

Additional Information   >Top
The address reporting requirement should not be confused with renewal or replacement of lawful permanent resident cards (Form I-551) or replacement of other evidence of alien registration, such as the Form I-94, Arrival-Departure Record; I-186, Nonresident Mexican Border Crossing Card; I-688, Temporary Resident Card; or, I-766, Employment Authorization Document.

Penalties for Failure to Comply   >Top
A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

How to Find Information About Medical Examinations?   >Top

Why are medical exams needed?   >Top

Medical examinations verify good health and admissibility to the United States on medical grounds. The exam can identify medical conditions that require follow-up medical care after emigration to the U.S. or adjustment of status to permanent residence.

All medical examinations include:   >Top

• Physical Examination: applicants are required to have a physical examination (to include complete disrobing), and a mental status evaluation.

• Tuberculin (TB) Skin Test: All applicants 2 years of age and older are required to have a tuberculin skin test (TST).   >Top

• Serologic (Blood) Test: All applicants 15 years of age and older are required to have serologic (blood) tests for HIV and for syphilis. Applicants under age 15 can be tested for HIV or syphilis if there is reason to suspect the possibility of infection. Civil Surgeons and Panel Physicians are required to provide pre-test counseling to all applicants who take the HIV test. If you are found to have HIV infection, the Civil Surgeon must provide you with post-test counseling.

• Vaccinations: Most applicants need to show that they are current with all vaccinations recommended by US public health officials. See our complete list of recommended vaccinations.

Who has to have a medical exam?   >Top

• Adjustment of Status applicants and immigrant visa applicants. Anyone applying for adjustment of status in the United States, or for an immigrant visa at a U.S. Consular post abroad, must undergo a medical exam including a vaccination assessment. Note: If the individual is applying for registry based on his or her entry before January 1, 1972, and has been in continuous residence in the United States since that date, a medical exam is not required.   >Top

• K and V nonimmigrant (temporary) visa applicants. Individuals applying for a K nonimmigrant visa as the fiancee or the spouse of a U.S. citizen or for a V nonimmigrant visa as the spouse or child of a lawful permanent resident (LPR) (including those applying for V status in the United States) must undergo a medical exam, but are not required to comply with the vaccination requirements at that time. They will be required to comply with the vaccination requirements when they eventually apply for adjustment of status.

• Refugees. Individuals outside of the United States applying for admission as refugees must undergo a medical exam, but they are not required to comply with the vaccination requirements at that time.   >Top

• Refugee adjustment applicants. Refugees become eligible to apply for adjustment of status 1 year after their initial refugee admission. When they apply for adjustment of status, they will not be required to repeat the medical exam they had overseas, unless a medical ground of inadmissibility was discovered. But, a refugee who is not required to repeat the medical exam must still comply with the vaccination requirements and submit the vaccination sign-off in support of the adjustment of status application. Contact your state refugee health coordinator or local refugee resettlement agency to find out whether it is possible for you to have the vaccination sign-off done by a state or local health department.

• Asylees. Individuals already in the United States who are applying for asylum are not required to have a medical exam.

• Asylee adjustment applicants. Individuals granted asylum become eligible to apply for adjustment of status 1 year after the date of approval. When they apply for adjustment of status, they are required to undergo the entire medical exam, including the vaccination assessment.

Note: A medical exam is not required for other nonimmigrant visa applicants and   >Top nonimmigrants arriving at a port of entry, but the Consular officer overseas or the inspector at the port of entry has can require you to undergo an exam if there are reasons to believe that you might be inadmissible on medical grounds.

What if I am pregnant?   >Top

If you are pregnant, you are required to have a medical exam, but some parts of it may be postponed until after delivery of your baby, depending on the circumstances of your case. If you have any concerns, you should discuss them with your family doctor before the medical exam, with the Civil Surgeon, or with the Panel Physician.

What are the vaccination requirements?   >Top      >Back to "Why are medical exams needed?"

You should have vaccinations for:

• Mumps

• Measles

• Rubella

• Polio

• Tetanus

• Diphtheria toxoids

• Pertussis

• Influenza type B

• Hepatitis B   >Top

If you are unable to submit all your vaccination records at the time of the exam, or if you have never had certain vaccines, the Civil Surgeon or Panel Physician can administer them to you.
Important: Do not try to fulfill your vaccination requirements before you meet with the Panel Physician or Civil Surgeon, in case it is not medically appropriate for you to have one or more of the required vaccines.

What if vaccinations are contrary to my religious beliefs or moral convictions?
If you have firmly held religious or moral beliefs that do not permit vaccinations, you may still be eligible for adjustment of status. You will need to apply for a waiver of vaccination requirements.   >Top

What happens after the medical exam?   >Top
After the medical exam is complete, the Panel Physician (if you are abroad) or the Civil Surgeon (if you are in the United States) will certify the results on the appropriate forms and place them in a sealed envelope. DO NOT OPEN THE SEALED ENVELOPE. Turn in your envelope with your immigration application.

Who gives the medical exam?   >Top
Medical examinations are given by licensed and experienced doctors, called Civil Surgeons (in the U.S.A.) and Panel Physicians (outside of the U.S.A.). Doctors who qualify as Civil Surgeons or Panel Physicians receive special and on-going immigration oriented medical training and policy updates. Note: A medical exam performed by a doctor NOT approved by USCIS will not be recognized.

How do I find a designated Civil Surgeon in my area of the United States?   >Top
Using a telephone, you can receive the names of USCIS-designated Civil Surgeons in your area by calling the USCIS National Customer Service Center at 1 (800) 375-5283. You will need to provide your zip code so that they can give you the Civil Surgeons nearest to you. Be sure to have a pen or pencil ready to write down the names and telephone numbers when you call. If you have online access to the world wide web, you can find a selection of qualified doctors on our Civil Surgeons database. At your local USCIS office, a list of Civil Surgeons is also available. It will be sent to you when you receive your appointment for an adjustment of status interview.

How do I find a Panel Physician if I am applying from overseas?   >Top
You can get the names of recognized Panel Physicians by contacting the Consular Office of your closest Consulate or Embassy of the United States Consular Office.

Who pays for the medical exam?   >Top
You do. You are responsible for paying all doctor and laboratory fees associated with your medical examination.

What form is needed for the medical exam?   >Top
If you are applying for adjustment of status in the United States, Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is used to report the results of the medical exam to USCIS. If you are applying for a visa at a U.S. Consular post overseas, Form DS 2053 (Formerly Form OF 157) will be given to you. The Consular officer will supply this form and the accompanying supplements, and will give you the names and telephone numbers of Panel Physicians in your area. There is also a vaccination supplement which your Civil Surgeon or Panel Physician will provide. It is used to record the results of the vaccination assessment.

Is anything else needed?   >Top
Yes. When you come to your medical examination appointment, you need to bring your passport, or other form of government issued photo identification, and any written documentation of your vaccination history. If you are applying for an immigrant visa from outside of the United States, you need to bring 3 current visa-sized photographs.

What happens after the medical exam?   >Top
After the medical exam is complete, the Panel Physician (if you are abroad) or the Civil Surgeon (if you are in the United States) will certify the results on the appropriate forms and place them in a sealed envelope. DO NOT OPEN THE SEALED ENVELOPE. Turn in the envelope with your immigration application.

What is a “medical waiver” and what does it do?   >Top      > Back to  " What happens if the Civil Surgeon or Panel Physician finds a health problem during the medical exam?"
A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as medical grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis.
You are eligible for a waiver if:

• You are the spouse or unmarried son or daughter or the minor, unmarried adopted child of a U.S. citizen or LPR; or

• You have a son or daughter or lawfully adopted child who is a U.S. citizen or LPR; or

• You are eligible for classification as a self-petitioning spouse or child (including your derivative children) because of abuse.

What are “medical grounds of inadmissibility”?   >Top
“Medical grounds of inadmissibility” is a term used when an applicant has a health condition which is a public health concern to the United States. Under the U.S. immigration laws, the medical grounds of inadmissibility are divided into four categories:

• communicable disease of public health significance;

• lack of required vaccinations (for immigrant visa applicants only);

• physical or mental disorders with harmful behavior; and

• drug abuse/drug addiction.

Are all physical or mental disorders considered “medically-related grounds of ineligibility”?   >Top
No. The Civil Surgeon or Panel Physician must determine that there is no harmful behavior associated with the disorder in question. If you have a history of a physical or a mental disorder, there must be a harmful behavior that is likely to recur in order for it to make you ineligible. If your condition has no associated harmful behavior, then you can proceed with your application process.

What happens if I have a physical or mental disorder with associated harmful behavior?   >Top
If you have a physical or mental condition with associated harmful behavior, you may still be eligible for adjustment of status. You may apply for a waiver according to the terms and conditions established by USCIS, in consultation with the CDC. If you are applying for adjustment of status in the United States, you must file Form I-601, Application for Waiver of Grounds of Excludability, including fee payment, with the USCIS office considering your adjustment of status application. If you are applying for an immigrant visa at a U.S. Consular post abroad, you must submit your waiver application to the Consular post that is considering your immigrant visa application. The Consular post will send your waiver application to the overseas USCIS office in that jurisdiction for a decision. If you are applying for admission as a refugee, or for adjustment of status 1 year following your initial admission as a refugee or the grant of asylum, you may be granted a waiver for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest. You must file Form I-602, Application by Refugee for Waiver of Ground of Excludability, but you are not required to pay a fee.

What happens if the Civil Surgeon or Panel Physician finds a health problem during the medical exam?   >Top
If a health condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition. In some cases, you may still be eligible for immigration after applying for a waiver to overcome the medical ground of inadmissibility.

What is a communicable disease of public health significance?   >Top
A “communicable disease of public health significance” is defined in the HHS regulations that cover the required medical exam for immigration purposes and includes the following 9 infectious medical conditions:

• severe acute respiratory syndrome (SARS)

• tuberculosis (TB)

• leprosy

• human immunodeficiency virus (HIV/AIDS)

• syphilis (infectious state)

• chancroid (STD, similar to syphilis and herpes)

• gonorrhea

• granuloma inguinale (STD, donovanosis)

• lymphogranuloma (STD, chlamydia)   >Top

Most communicable diseases are easily treatable. If the medical tests are positive for a communicable disease, the Civil Surgeon will recommend a course of treatment. Some medical conditions are not easily treatable. However, you may still receive adjustment of status by filing a waiver application. You are eligible for a waiver if:

• You are the spouse or unmarried son or daughter or the minor, unmarried adopted child of a U.S. citizen or LPR; or

• You have a son or daughter or lawfully adopted child who is a U.S. citizen or LPR; or

• You are eligible for classification as a self-petitioning spouse or child (including your derivative children) because of abuse.   >Top

The waiver may be granted according to the terms and conditions (which can include posting a bond) determined necessary by USCIS in consultation with public health officials, based on the nature of the medical condition. If you are applying for adjustment of status in the United States, you must file Form I-601, Application for Waiver of Grounds of Excludability, including payment of fee, with the USCIS office considering your adjustment of status application.

If you are applying for an immigrant visa at a U.S. Consular post abroad, you must submit your waiver application to the Consular post that is considering your immigrant visa application. The Consular post will send your waiver application to the overseas USCIS office in that jurisdiction for a decision. If you are applying for admission as a refugee, or for adjustment of status at least 1 year following your initial admission as a refugee or the grant of asylum, you may be granted a waiver for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest. You must file Form I-602, Application by Refugee for Waiver of Ground of Excludability, but you are not required to pay a fee.

What happens if I test positive for HIV?   >Top
In the case of testing positive for the HIV virus, you must file a waiver application according to the above instructions. You must also show that your admission to the U.S.:

• Poses minimal public health danger

• Holds minimal possibility of spread of infection

• Will not incur costs to any government agency without prior consent from that agency.

Note: Individuals seeking admission as refugees from outside the United States are not required to submit documentation of individual eligibility for HIV treatment or health care coverage with Form I-602. They are already considered to have the required consent based on their eligibility for Federally funded programs and the assurances provided to USCIS by HHS.

How do Civil Surgeons and Panel Physicians determine drug abuse or addictions?   >Top
Using the CDC guidelines, Civil Surgeons and Panel Physicians review the applicant’s medical history during the medical exam and ask questions considered necessary to determine whether or not there is any current or past use of any drugs or other psychoactive substances (other than strictly experimental). Applicants may also be required to undergo additional testing for substance abuse.
If the Panel Physician or Civil Surgeon finds that you have a history of drug use or drug addiction, he or she will discuss the medical treatment options.
There is no waiver available for this condition for most adjustment of status applicants. If you are applying for admission as a refugee from abroad or for adjustment of status 1 year following the initial refugee admission or grant of asylum, you may be granted a waiver for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest. In these cases Form I-602, Application by Refugee for Waiver of Grounds of Excludability, is required, but there is no fee.

USCIS has a Designated Civil Surgeons page which can provide you with links to other helpful resources.

More information on Medical Examinations is available to you from the Center for Disease Control and Prevention website.

How Do I Find The List of Doctors Approved For USCIS Medical Examinations in My Area?   >Top

How Do I Get A Work Permit?   >Top

What is an Employment Authorization Document?   >Top
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.

• Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.

• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

• Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

What Does the Law Say?   >Top
The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. For the part of the law about Employment Authorization Documents, please see INA § 274A. The Code of Federal Regulations [CFR] discusses the employment authorization responsibilities of both employers and employees at 8 CFR § 274a.

Who is Eligible?   >Top

• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

• If you are a U.S. citizen, you do not need an Employment Authorization Document.

• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.

• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

How Do I Apply?   >Top
You may be eligible to file Form I-765 electronically. Please see our Introduction to E-Filing USCIS Forms for more information. The procedures for forms electronically filed with USCIS are different than described in the following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765 (Application for Employment Authorization) by mail with the USCIS Regional Service Center that serves the area where you live. Please read the entire application carefully and submit the right documents, photos, and fee. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see our USCIS Field Offices Homepage for more information on USCIS Service Centers.   >Top

If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices.

How Can I Check the Status of My Application?   >Top
Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS field offices.

How Can I Appeal?   >Top
If your application for an Employment Authorization Document is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?.

Can Anyone Help Me?   >Top
If advice is needed, you may contact the USCIS Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.

Frequently Asked Questions [FAQs]   >Top
Do you want further information? Click here for access to our Frequently Asked Questions on immigration.