State Department aims to limit 'birth tourism' with new visa rule

Original Date Announced
January 24, 2020
State Department final rule directs consular officers to deny B nonimmigrant visas to pregnant applicants suspected of traveling to the US to secure American citizenship for their newborn children. The new rule also states that visa applicants coming to the US for medical care must prove that they have the ability to pay for all the costs of their treatment. [ID #776]
Visas: Temporary Visitors for Business or Pleasure
Effective Date
January 24, 2020

Fully in Effect

Status: Final/Actual

Trump Administration Action: Rule

Subject Matter: Non-Immigrant Visas: Visitor

Agencies Affected: USCIS Bureau of Consular Affairs

Pre Trump-Era Policies

April 1, 2011 Section 101(a)(15)(B) of the INA, 8 U.S.C. § 1101(a)(15)(B) authorizes B nonimmigrant visas for "visiting the United States... temporarily for pleasure" but makes no explicit mention of the intention to give birth in the United States. The new rule revises the definition of ‘‘pleasure’’ and subdivides 22 C.F.R. § 41.31(b)(2) into three paragraph levels. 22 CFR 41.31(b)(2) - Temporary visitors for business or pleasure. (2011 version)

Trump Administration Targets 'Birth Tourism' With New Visa Rule
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