30-Day Notice of Proposed Information Collection: Medical Examination for Visa or Immigration Benefit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 (PRA), we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Notices]
[Pages 60219-60221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23695]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 12890]
30-Day Notice of Proposed Information Collection: Medical
Examination for Visa or Immigration Benefit
ACTION: Notice of request for public comment and submission to OMB of
proposed collection of information.
-----------------------------------------------------------------------
SUMMARY: The Department of State has submitted the information
collection described below to the Office of Management and Budget (OMB)
for approval. In accordance with the Paperwork Reduction Act of 1995
(PRA), we are requesting comments on this collection from all
interested individuals and organizations. The purpose of this Notice is
to allow 30 days for public comment.
DATES: Submit comments up to January 22, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Medical Examination for
Visa or Immigration Benefit.
<bullet> OMB Control Number: 1405-0113.
<bullet> Type of Request: Extension without change.
<bullet> Originating Office: Bureau of Consular Affairs, Visa
Office.
<bullet> From Number(s): DS-2054, DS-3025, DS-3026, and DS-3030.
<bullet> Respondents: Panel Physicians on behalf of Visa
Applicants; Refugee/Asylum Applicants (including ``following-to-
join''); Parole Applicants with Boarding Foils.
<bullet> Estimated Number of Respondents: 800.
<bullet> Estimated Number of Responses: 146,000.
<bullet> Average Time per Response: 1 hour.
<bullet> Total Estimated Burden Time: 146,000 hours.
<bullet> Frequency: Once for each medical examination performed for
a U.S. visa or immigration benefit.
<bullet> Obligation to Respond: Mandatory.
We are soliciting public comments to permit the Department to:
<bullet> Evaluate whether the proposed information collection is
necessary for the proper functions of the Department.
<bullet> Evaluate the accuracy of our estimate of the time and cost
burden for this proposed collection, including the validity of the
methodology and assumptions used.
<bullet> Enhance the quality, utility, and clarity of the
information to be collected.
<bullet> Minimize the reporting burden on those who are to respond,
including the use of automated collection techniques or other forms of
information technology.
Please note that comments submitted in response to this Notice are
public record. Before including any detailed personal information, you
should be aware that your comments as submitted, including your
personal information, will be available for public review.
Abstract of Proposed Collection
Forms for this collection are completed by panel physicians on
behalf of aliens seeking a visa; refugees; refugees and asylees
(including following-to-join); and certain parolees. The forms record
the medical information necessary to determine whether an alien has a
medical or other condition affecting his or her eligibility
[[Page 60220]]
for a visa or immigration benefit. The information requested includes
the result of any diagnostic tests required for the diagnosis of
diseases identified as communicable diseases of public health
significance, as well as other evaluations identified as necessary to
confirm a medical ineligibility under INA Sec. 212(a)(1), 8 U.S.C.
1182(a)(1) or to comply with other requirements. Collecting this
information is essential to protecting public health in the United
States.
Methodology
A panel physician designated by the consular post performs a
medical examination of the applicant and completes the forms according
to instructions issued by the Centers for Disease Control (CDC).
Respondents submit the forms to the appropriate embassy or consulate,
either by providing the completed forms with the applicant in a sealed
envelope or by sending them directly via courier. The information
collected is retained by the Bureau of Consular Affairs. It is also
provided to CDC and the Department of Homeland Security upon arrival at
the port of entry.
Agency Response to 60-Day Notice Public Comments
The Department solicited public comments for a period of 60 days
with the publication of 90 FR 16420 (April 17, 2025). During this
initial 60-day notice-and-comment period, the Public submitted three
responsive comments and raised several concerns for the Department's
consideration.
Issue #1--Applicant Medical Information Access Rights:
``Reclassifying the respondent as the panel physician must not
inadvertently curtail an individual's ability to obtain and review his
or her own medical examination records.''
Reclassification of the respondent does not change the designation
of those completed DS medical forms upon which the results of the exam
are recorded as visa records, which are confidential under INA 222(f)
and generally may not be shared with the applicant. Panel physicians
remain permitted to share their own records in the form of lab reports
and similar documentation with the applicant upon request.
Issue #2--Accessibility and Appeals: ``Applicants must have access
to their exam results and an accessible, standardized appeals process
if they believe findings are inaccurate or discriminatory.''
Applicants may request the underlying test results and medical
information from the panel physician. If an applicant wishes to present
additional information to attempt to overcome a refusal of an immigrant
visa application, he or she may do so consistent with 22 CFR 42.81(e).
Applicants who wish to overcome medical ineligibility must file
Form I-601 or I-602. These waiver forms are submitted to DHS on an
individual basis. After submission and upon DHS request, CDC may review
the waiver requests and supporting medical examination to provide an
opinion regarding the case.
Issue #3--HIV Status Information: ``The DS-2054 series must be
updated to reflect that HIV is no longer a ground of inadmissibility
and cannot be used as a basis for denial, delay, or stigma.''
While the proposed DS-2054 does not contain an HIV status field,
the Department acknowledges the proposed DS-3026 does contain an HIV
blood test field and the DS-3030 contains a field to mark a known HIV
infection. All panel physicians are required to abide by CDC Technical
Instructions, which provide that HIV testing is recommended for
individuals with signs or symptoms of HIV infection but NOT required.
The Department defers to CDC expertise in matters related to
protecting American public health, and CDC has requested the HIV fields
remain on the Department's visa medical forms, noting that HIV is an
important risk factor for tuberculosis (the largest cause of death
among individuals with HIV infection is tuberculosis). The CDC
Technical Instructions, therefore, require additional tuberculosis
testing for aliens who disclose that they have HIV. The Technical
Instructions make clear that HIV is not an inadmissible condition
(<a href="https://www.cdc.gov/immigrant-refugee-health/hcp/panel-physicians/index.html#cdc_generic_section_3-technical-instructions">https://www.cdc.gov/immigrant-refugee-health/hcp/panel-physicians/index.html#cdc_generic_section_3-technical-instructions</a>), and panel
physicians are not screening applicants for HIV.
Issue #4--Privacy Protection: ``The Department must explicitly
define how medical data is protected, limit disclosure to DHS and CDC
only as necessary, and prohibit long-term storage or secondary use
without applicant consent.''
An alien's decision to apply for the privilege of entry to the
United States is voluntary, and furnishing medical information as part
of that application process is also voluntary. Visa records, including
Personal Health Information (PHI), are protected in accordance with INA
Section 222(f). Consistent with Section 222(f), information may be
provided to other federal agencies who need the information to
administer or enforce U.S. laws and protect homeland security. An
applicant for a U.S. visa or immigration benefit who subjects him- or
herself to medical examination agrees to the disclosure of this PHI in
accordance with federal law.
Individuals who fail to disclose requested medical information may
experience processing delays and be denied a U.S. visa or immigration
benefit. The Department of State's record disposition schedule notes
that visa records are retained by the Department temporarily, and
longer retention is authorized only if required for business use. The
applicant consents to record retention when he or she chooses to apply
for a U.S. visa or immigration benefit.
Issue #5: Panel Physician Bias and Medical Requirements: ``The
Department must ensure panel physicians are trained in trauma-informed,
culturally competent care and prohibit discriminatory screening
practices based on socioeconomic status, English language competency,
race, gender identity, HIV status, or disability.''
The Department defers to CDC with respect to panel physician
qualifications and medical examination requirements. Though designated
by local U.S. embassies or consulates, panel physicians are medically
trained and licensed doctors who must abide by standards and technical
instructions issued by the CDC. Consular sections, in collaboration
with the Visa Office and CDC, may decide to terminate an agreement with
a panel physician if the physician fails to abide by these standards
and instructions.
Issue #6: Financial Burden to Alien Applicants: ``The Department
should cap the costs of medical examinations, publish fee ranges, and
ensure medical examinations remain affordable, especially for refugee
and asylum applicants.''
Respondents to this information collection are panel physicians.
The Paperwork Reduction Act requires agencies to estimate burden
figures for the respondents to an information collection. Although
subjected to the medical examination, alien applicants are not
respondents as they do not complete these forms. As such, burden
figures associated with out-of-pocket costs to alien applicants fall
outside the scope of this Notice. The Department further notes that
refugees are not responsible for medical examination
[[Page 60221]]
fees, which are covered as part of the refugee admittance process.
John L. Armstrong,
Senior Bureau Official, Bureau of Consular Affairs, Department of
State.
[FR Doc. 2025-23695 Filed 12-22-25; 8:45 am]
BILLING CODE 4710-06-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.