US Tightens B-1/B-2 Visas Against Birth Tourism; H-1B And H-4 Applicants Face Increased Scrutiny

Published on December 12, 2025

A definitive clarification concerning the issuance of visitor visas has been made public by the authorities in the US, signaling a marked intensification of efforts against the practice commonly referred to as birth tourism. This crucial advisory, disseminated by the US Embassy in India, is intended to ensure that immigration regulations are strictly observed by all inbound travellers. It has been unambiguously stated that tourist visa applications—specifically the B-1/B-2 category—will be subject to immediate rejection if consular officers form the opinion that the primary objective of the journey is to give birth on American soil solely to secure automatic US citizenship for the child. This action is rooted in existing regulations and serves as a powerful reiteration that such exploitation of the immigration system will not be permitted.

The Policy Framework: Targeting Birth Tourism

The practice termed birth tourism involves individuals traveling to the US with the express intent of giving birth there, thereby leveraging the 14th Amendment of the US Constitution, which grants citizenship to nearly everyone born within the country’s jurisdiction. While the concept of birthright citizenship remains a constitutional tenet, the entitlement does not inherently grant foreign parents the right to gain entry into the US specifically for that purpose via a temporary visitor visa. This fundamental distinction has necessitated the deployment of tighter rules for visa adjudication.

A significant amendment to US visa rules was officially introduced in January 2020. This regulatory change explicitly empowered consular officers to deny B-1/B-2 visitor visa applications where birth tourism is suspected to be the true motivation. The regulation mandates that travel to the US for the purpose of receiving medical care, including childbirth, must be treated as a medical journey. This means that a separate standard of proof must be met, requiring substantial documentation and justification that is entirely distinct from standard tourism.

Scrutiny at the Consular Level: The Burden of Intent

Consular officers are now required to employ heightened vigilance when reviewing applications that involve prospective parents. The subjective determination of an applicant’s primary purpose of travel is central to this policy. While the US Embassy in India has reaffirmed that pregnancy alone is not a basis for visa rejection, the critical factor is the established intent of the journey. If, during the interview or through documentation review, the officer determines that the applicant’s intent is primarily to obtain US citizenship for the child, the rejection of the B-1/B-2 visa becomes mandatory under the strengthened regulations.

The burden of proof falls entirely upon the applicant to satisfy the consular officer that the trip’s purpose is indeed temporary and legitimate, such as for tourism or legitimate business (B-1). Extensive training and guidance are provided to consular staff to help them identify indicators of birth tourism, leading to detailed questioning during the interview process. Questions pertaining to the applicant’s domestic employment, family ties, financial stability in India, and the duration and timing of the proposed trip are meticulously reviewed. The possibility of the child becoming an American citizen, while a consequence of the 14th Amendment, cannot be the intended goal of the temporary visit.

Wider Implications for Indian Travelers

This renewed emphasis on birth tourism is unfolding concurrently with other significant adjustments to US visa processing, particularly impacting the large demographic of Indian professionals. The US government has announced that digital vetting procedures are being expanded for several categories.

A key development involves the scrutinization of online presences for H-1B specialty workers and their H-4 dependents. A new State Department rule now requires these applicants and their H-4 family members to make their online accounts accessible for review during the visa vetting process, whether they are applying for a new visa or renewing an existing one. This expansion of digital scrutiny, which was previously applied primarily to student and exchange visitor categories, is indicative of a broader governmental approach to ensure that every visa decision is treated as a matter of national security and regulatory compliance.

Potential Consequences of Non-Compliance

Travelers who attempt to circumvent the rules related to birth tourism face severe consequences beyond the initial visa rejection. Even if a B-1/B-2 visa is granted, US Customs and Border Protection (CBP) officers possess the authority to deny entry at the port of arrival if they determine that the traveller’s true purpose is unlawful birth tourism. This denial of entry can result in immediate deportation and the cancellation of the existing visa.

Moreover, individuals found to have abused the system through engagement in birth tourism may be rendered ineligible for future visas or travel to the US. This finding of ineligibility can affect subsequent applications for entirely different categories, such as immigrant or work visas, proving a long-term detriment to their ability to travel to the US. The system is designed to penalize attempts to mislead consular officers or CBP, thereby safeguarding the integrity of the US immigration apparatus. The message being communicated to Indian travelers is clear: compliance and transparency regarding the purpose of the visit are paramount requirements for successful entry into the US. The collective weight of these policies signals a concerted effort by the US government to maintain strict control over its borders and immigration categories.