The Department of State is amending its B non-immigrant visa regulations to address what is commonly referred to as birth tourism.
The amendment came into effect on January 24, 2020, for the B visitor visa category, which is used for a temporary visit for business or pleasure.
The updated regulation will establish that pleasure excludes travel for the primary purpose of obtaining United States citizenship for a child by giving birth to the child in the United States.
Under this amended regulation, consular officers overseas would deny any B visa application from an applicant whom the consular officer has reason to believe is traveling for that primary purpose of giving birth in the United States to obtain U.S. citizenship for the child.
This change is intended to address the national security and law enforcement concerns associated with birth tourism.
The final rule also codifies a requirement that B visa applicants who seek medical treatment in the United States must demonstrate to the satisfaction of the consular officer their arrangements for such treatment and establish their ability to pay all costs associated with such treatment.
