What medical issues will make an EB-5 applicant inadmissible?

Generally speaking, visa applicants are rendered inadmissible for medical reasons if they have communicable diseases or certain mental illnesses. In some cases, a visa applicant may be inadmissible due to a physical or mental condition that, in combination with other relevant factors, makes the applicant likely to become a public charge. Those who participate in the EB-5 program, however, are at low risk of becoming public charges due to their high net worth.

According to the Department of Homeland Security’s official instructions for USCIS Form I-693, the Report of Medical Examination and Vaccination Record, U.S. immigration law divides its health-related grounds for denial of immigration into four general categories:

1. Communicable diseases of public health significance
2. Lack of proof of having received required vaccinations
3. Physical or mental disorders with associated harmful behavior or a history of associated harmful behavior
4. Drug abuse or addiction

The instructions for medical examinations also state that “the civil surgeon is required to perform specific tests for tuberculosis, syphilis, and gonorrhea. The medical examination also requires the civil surgeon to evaluate for other sexually transmitted diseases and Hansen’s disease (leprosy).” Children under the age of 15 will not be screened for sexually transmitted diseases, but all applicants, including children over two years of age, will be screened for tuberculosis (TB).

United States Centers for Disease Control and Prevention (CDC) requires all immigrant applicants to have proof of vaccination against the following diseases: measles, mumps, tetanus and diphtheria toxoids, polio, pertussis, rubella, Haemophilus influenzae type B, influenza, rotavirus, hepatitis A, hepatitis B, varicella, pneumococcal pneumonia, and meningococcal disease. EB-5 applicants already in the United States applying for adjustment of status for permanent residency are also required to get the aforementioned vaccines.

Per USCIS’ own instructions, “the presence of a physical or mental disorder alone does not make you inadmissible on health-related grounds.” The civil surgeon, the USCIS-appointed doctor conducting the medical exam, must also determine if the applicant exhibits behavior associated with the disorder that could prove harmful to themselves, to others, or to property.