US Visa New Policies Target Birth Tourism and Misuse of Tourist Visas, Get the Details Here

Published on December 12, 2025

The United States will now give tougher scrutiny to visa applications in an effort to deter the increasingly popular practice of birth tourism, a means others exploit to ensure that their children have U.S. citizenship. This move by the U.S. government aims to put an end to the abuse of tourist and work visas by individuals seeking to travel to the United States specifically to give birth and secure U.S. citizenship for their newborns.

Understanding Birth Tourism and Its Implications

Birth tourism refers to the practice of traveling to a foreign country with the intention of giving birth there, thereby securing citizenship for the child under the country’s laws. In the case of the United States, the 14th Amendment grants birthright citizenship, which means any child born on U.S. soil automatically becomes a U.S. citizen, regardless of the parents’ nationality. This has led some non-U.S. citizens to travel to the U.S. specifically to give birth and ensure their children gain American citizenship.

While this practice is not illegal, it has raised concerns among U.S. officials. Critics argue that birth tourism undermines the spirit of the U.S. immigration system, which is designed to prioritize individuals with legitimate reasons for traveling. Additionally, it has been argued that the practice places a strain on the U.S. healthcare system, as these tourists are often not contributing to the system through taxes or other means. As a result, the U.S. government has increasingly sought to prevent the misuse of its visa system for such purposes.

Tighter Scrutiny of Tourist and Work Visas

The U.S. Embassy in India has been actively addressing the issue of birth tourism by tightening its scrutiny of both tourist and work visa applications. The embassy has stated that any visa application suspected of being used primarily for the purpose of giving birth to secure U.S. citizenship for a child will be immediately rejected. This measure reflects the U.S. government’s commitment to ensuring that its visa system is used appropriately and that individuals are not misusing tourist visas for purposes beyond the intended scope.

As part of the new procedures, the U.S. Embassy is expanding its online review process for visa applications, particularly for Indian nationals. Visa applications from individuals who are suspected of intending to use a tourist visa for birth tourism will undergo additional scrutiny. This includes a more detailed examination of applicants’ intentions and travel history.

Impact on Indian Nationals and U.S. Visa Applicants

The U.S. Embassy in India has been a key focal point of this policy change, as India has been one of the largest sources of birth tourists to the U.S. Many Indian nationals, particularly those from wealthier backgrounds, have sought to give birth in the United States to provide their children with the benefits of U.S. citizenship. The tightened visa scrutiny is expected to impact this practice significantly, as it will make it more difficult for individuals to obtain visas under false pretenses.

The impact of these changes is expected to be widespread. Applicants who were previously able to travel to the U.S. for birth tourism may now find it harder to obtain tourist visas. In some cases, individuals may be denied entry outright if there are suspicions that their primary intent is to give birth rather than engage in legitimate tourism activities.

Expansion of Online Visa Reviews for H-1B and H-4 Visa Holders

In addition to tightening tourist visa applications, the U.S. State Department has introduced a new rule that will affect H-1B and H-4 visa holders. Effective December 15, 2025, the new rule requires all H-1B workers and their H-4 dependents to grant access to their online accounts for visa review. This move aims to increase transparency and ensure that all visa applications are thoroughly vetted. The expanded online review process is part of a broader effort to improve visa security and ensure that individuals are not misusing the visa system.

H-1B visa holders, who are often highly skilled workers from countries such as India, and their dependents, who hold H-4 visas, will now have to comply with stricter online reviews. This move is part of a wider push to make the visa application process more transparent and efficient, while also ensuring that visa applications are not being used for purposes other than those intended.

The U.S. Embassy in India has also rescheduled a significant number of H-1B and H-4 interviews, with some applicants now facing delays until mid-2026. These delays are a result of the increased scrutiny and the high volume of visa applications being processed, as well as the new requirements for online account access.

The Role of Technology in Strengthening Visa Scrutiny

Technology is playing a key role in these new visa processes. The expansion of online reviews and the requirement for visa applicants to grant access to their online accounts is intended to streamline the review process and ensure that visa applications are accurately assessed. The use of digital tools allows for more efficient data collection and analysis, enabling the U.S. Embassy to quickly identify any discrepancies or potential misuses of the visa system.

The incorporation of technology into the visa application process is seen as a critical step in maintaining the integrity of the U.S. immigration system. By leveraging digital platforms to conduct more thorough and real-time reviews, the U.S. government hopes to reduce fraud and ensure that visa applications are processed fairly and transparently.

A Shift in U.S. Immigration and Tourism Policies

As these changes persist in the U.S., those who have used birth tourism to secure U.S. citizenship for their children stand to be most harmed. But a course correction in policy seeks to ensure that the visa system is used in a fair, more transparent manner and respectful of legitimate travelers’ rights while protecting the interests of U.S. taxpayers. By continuing to exploit technology to help streamline the review of visa candidates and further enhance security, the U.S. government is taking essential steps toward preserving the integrity of its immigration and tourism systems.