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Advice on Having HIV and Getting a U.S. Work Visa (Editor's Pick)
Jun 1, 2015

My company asked me to move to US for work and they will do all the paperwork required, however I am HIV+ and I have been into the US many times on business, now I see there is a medical exam for work visa which includes blood work.. I have been undetected for years and on meds would I have a problem to obtain a work visa? will my employer find out?

Response from Mr. Chambers

The US has lifted its ban on HIV+ person entering the US.

I am assuming the physical exam is a type of "pre-employment" exam required by your employer. Under the Americans with Disabilities Act, an employer can only require such an exam AFTER a firm job offer has been made. The purpose of the exam is to see if you can physically perform the duties of your job. The physician should release nothing to the employer except yes or no on you being able to do the job. Learning your HIV status is not grounds to rescind the job offer.

DO NOT LIE. That itself becomes grounds for termination so when you list your medications ask the physician what will go to the employer and tell him he does NOT have your permission to release you HIV status to anyone.


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