U.S. Cracks Down on Birth Tourism: Visa Applications Denied, Existing Visas at Risk of Revocation and Entry Bans

On April 24, 2025, the U.S. Department of State posted an official statement on X (formerly Twitter), confirming that tourist visa applications made primarily for the purpose of giving birth in the United States—commonly referred to as birth tourism—will be fully rejected.

This is not a minor policy tweak. The new measure aims to shut down birth tourism through comprehensive enforcement at all stages: from visa screening to port-of-entry inspection, and post-entry immigration monitoring. The main points of the statement include:

• Visa Screening Criteria: If the primary purpose of applying for a tourist visa is to give birth in the U.S. so the child can obtain citizenship, the application will be denied.

• Post-Entry Consequences: Individuals who previously gave birth in the U.S. under such circumstances may face visa revocation and even a permanent entry ban.

Why Is the U.S. Taking Aggressive Action Now?

Birth tourism is hardly a new phenomenon. Under the 14th Amendment to the U.S. Constitution, any child born on U.S. soil is granted U.S. citizenship. Many families have taken advantage of this by entering the country on tourist visas to give birth, thereby securing a U.S. passport for the child.

In response, the State Department first issued relevant rules in January 2020, declaring that:

• Travel for the primary purpose of giving birth does not qualify for B-1/B-2 (visitor) visa eligibility.

• Consular officers may deny applications if they have reasonable suspicion of such intent.

However, enforcement was limited at the time. The rules primarily targeted new visa applications, with little retroactive action against existing visa holders.

That changed in 2025. On his first day of his second term, President Donald Trump signed Executive Order 14160, aimed at limiting birthright citizenship by excluding children of undocumented immigrants and short-term visa holders. While federal courts have temporarily blocked the order due to ongoing legal challenges, the U.S. Supreme Court is scheduled to hear oral arguments on May 15, 2025.

Separately, in January 2025, a California woman who operated a maternity center was sentenced to 41 months in prison for helping over 100 Chinese women give birth in the U.S., through a company called “USA Happy Baby.” The case involved visa fraud and money laundering, marking the first criminal prosecution targeting the birth tourism industry—signaling heightened enforcement.

Against this backdrop, the State Department’s renewed commitment to combat birth tourism represents a serious effort to close legal loopholes, prevent visa abuse, and uphold the fairness of the immigration system while reducing burdens on U.S. taxpayers.

Will Current Visa Holders Be Affected?

In short: Yes. Whether you are applying for a visa or already hold one, increased scrutiny now applies. Key enforcement takeaways include:

1. Stricter Visa Screening

Both first-time applicants and renewals will face closer scrutiny regarding the purpose of travel. Those who are pregnant or planning to give birth in the U.S. will undergo more detailed document checks and interview questions.

2. Risk of Visa Revocation and Entry Bans

Even valid visa holders are not exempt. If found to have entered the U.S. primarily to give birth, visas may be revoked, and individuals may be permanently barred from entering the U.S.

3. Long-Term Impact on Future Applications

A record of birth tourism can flag future visa applications—including for tourism, education, employment, or immigration—leading to heightened scrutiny or outright denial. This could also affect the visa eligibility of close family members.

4. Broader Implications for Other Visa Types

While the policy primarily targets tourist visas, it reflects a broader trend of tightened immigration enforcement. Visa types such as B-1 (business), F-1 (student), and J-1 (exchange visitor) are likely to face increased scrutiny, especially where long-term stays or status changes are involved.

How Should Individuals and Businesses Prepare?

Given the heightened enforcement environment, Chinese businesses and individuals with U.S. travel or operations should be proactive:

1. Be Honest About Travel Purposes

Applicants—whether individuals or employees on company trips—must ensure consistency and truthfulness in their applications and interviews. Misrepresentation can lead to not only immediate denial but long-term ineligibility for U.S. visas and entry.

2. Strengthen Corporate Compliance Procedures

HR and compliance teams should conduct internal reviews of travel plans, especially for employees who are pregnant or planning extended stays. Companies should issue internal guidelines and ensure that individual misconduct does not compromise the company’s visa reputation.

3. Seek Legal Advice for Special Circumstances

If travel involves sensitive issues—such as pregnancy, extended stays, or permanent transfers—consult an experienced U.S. immigration attorney before applying for a visa to minimize risk and ensure compliance with U.S. immigration laws.

If you have any questions about how these policy changes may affect your travel plans, business operations, or visa applications, please contact our immigration team at contact@consultils.com.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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Anna Sun, Esq. is the Partner and Head of Immigration at ILS. She has over a decade of experience in business immigration, transactions, and foreign investment.

She provides comprehensive guidance on U.S. business immigration, assisting global employers in recruiting and retaining foreign executives and skilled professionals. Anna specializes in H, L, E2, TN, O, EB1, and PERM cases, serving clients in technology, biotech, telecommunications, entertainment, animation, education, and logistics.

Email: contact@consultils.com | Phone: 626-344-8949