T
he US is targeting people who arrange, facilitate or profit from birth tourism, including visa fixers and some medical providers.
The United States has announced new visa restrictions targeting foreign nationals who knowingly participate in, facilitate or financially benefit from so-called "birth tourism", bringing additional scrutiny to people travelling to the country with the primary intention of giving birth so their child can obtain US citizenship.
US Secretary of State Marco Rubio said the new policy is aimed not only at individual travellers but also at commercial networks and other people who help arrange such trips.
The restrictions are being implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act.
Rubio accused commercial birth tourism networks of exploiting the US immigration system and profiting from the process of obtaining American citizenship for children.
“By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message: The United States will not allow foreigners to exploit our immigration system and violate the sanctity of US citizenship," Rubio said.
What does the new US birth tourism policy mean?
The latest move focuses on people who knowingly engage in or facilitate birth tourism.
According to Rubio, those covered can include people who “knowingly engage in, have engaged in, or facilitate" birth tourism in the US.
The policy specifically targets owners, operators and managers of commercial networks that arrange birth tourism. It can also apply to visa "fixers" who coach applicants on how to commit fraud during the visa process.
Foreign medical providers who knowingly assist such arrangements can also come under the policy, particularly where the activity involves fraudulent use of the US Medicaid system.
The State Department said the measures are intended to address the broader networks supporting commercial birth tourism rather than only individual travellers.
Certain family members of people covered by the restrictions may also be affected.
What does this mean for Indian travellers?
For Indians applying for US visitor visas, the central point is that travelling to America primarily to give birth in order to secure US citizenship for a child is not an acceptable purpose for a visitor visa.
What does this mean for Indian travellers?
For Indians applying for US visitor visas, the central point is that travelling to America primarily to give birth in order to secure US citizenship for a child is not an acceptable purpose for a visitor visa.
The US State Department's current visitor-visa guidance explicitly defines birth tourism as travel for the primary purpose of giving birth in the United States to obtain US citizenship for a child and says such travel is not permissible on a visitor visa.
The US has maintained this position for several years. In January 2020, the State Department amended its B-visa regulations to state that consular officers should deny B-visa applications when they have reason to believe the applicant's primary purpose is giving birth in the US to obtain citizenship for the child.
The US Embassy in India had also reiterated the position in December 2025.
“US consular officers will deny tourist visa applications if they believe the primary purpose of travel is to give birth in the United States to obtain US citizenship for the child. This is not permitted," the embassy said in an X post on December 11, 2025.
The latest restrictions therefore add another layer to an existing US policy rather than creating the basic prohibition on birth tourism for the first time.
The latest restrictions therefore add another layer to an existing US policy rather than creating the basic prohibition on birth tourism for the first time.
Who could face visa restrictions?
Rubio said the new policy can cover people directly involved in birth tourism as well as those who help organise or profit from it.
This includes:
- Owners and managers of commercial birth tourism businesses
- Operators who arrange travel and childbirth services
- Visa "fixers" who coach applicants to commit fraud
- Medical providers who knowingly assist birth tourism arrangements
- People involved in fraudulent use of US Medicaid
- Others who knowingly support or facilitate commercial birth tourism
The policy can also extend to certain family members of individuals covered by the restrictions.
The focus is therefore on the ecosystem surrounding commercial birth tourism, including people who may not themselves travel to the US to give birth.
Rubio: ‘No one’s entitled to a visa’
Rubio also used the announcement to reiterate the administration's position that obtaining a US visa is not an automatic right.
“I’ve said this repeatedly. I don’t know why it’s so hard for some to comprehend it. So let me repeat it again: a visa. No one’s entitled to a visa," Rubio said.
“There is no Constitutional right to a visa," he added.
Rubio said a visa provides permission to enter the US as a visitor and warned that travellers can face consequences if they enter the country under one purpose but undertake activities that conflict with US national interests or security requirements.
“In fact, if we knew you were going to do it, we probably wouldn’t have given you your visa," he said.
The State Department similarly states that there is no guarantee an applicant will receive a visa and that visa issuance remains subject to US government adjudication.
US has already stepped up action against birth tourism
The latest restrictions come after a series of measures by the Trump administration aimed at addressing birth tourism.
In August 2026, the State Department established a Birth Tourism Prevention Task Force to examine the activities of visa holders around the world, identify cases involving birth tourism and take action against people involved in the practice.
According to the department, the task force had already revoked more than 600 visas globally.
Separately, Donald Trump signed two executive orders in August concerning birthright citizenship and birth tourism.
One of the orders directed the administration to take steps to halt birth tourism and authorised measures including preventing entry, denying visas or other travel documents, revoking visas and taking action against people or entities facilitating the practice.
For Indian travellers, the key distinction remains the purpose of travel. A visitor visa can be used for permitted activities such as tourism, visiting family and friends or medical treatment, but the State Department explicitly says that travelling primarily to give birth so that a child obtains US citizenship is not permissible on a visitor visa.
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