The US has introduced new visa restrictions on foreign nationals who knowingly organise so-called ‘birth tourism’ or facilitate such trips, US Secretary of State Marco Rubio has announced. The State Department’s new policy comes into effect on 23 September 2026 and is implemented under Section 212(a)(3)(C) of the US Immigration and Nationality Act. The restrictions may apply to individuals who are currently involved, have previously been involved, or are assisting in organising trips to the US with the primary purpose of giving birth to a child and securing US citizenship for that child. In particular, the measures may affect owners, directors and managers of companies specialising in ‘birth tourism’, visa agents who instruct clients to provide false information when applying for visas, as well as foreign healthcare professionals who knowingly facilitate such trips or the fraudulent use of the Medicaid programme.
The restrictions may also extend to other individuals who support commercial schemes and, in certain cases, to their family members. According to Rubio, commercial ‘birth tourism’ networks advertise their services abroad, help applicants conceal the true purpose of their trip and may charge tens of thousands of dollars to arrange childbirth on US soil. However, this is not the first time that a ban has been in place on using a B-category visitor visa for a trip whose primary purpose is the birth of a child with the aim of securing US citizenship for that child. Since 24 January 2020, US consular officers have been required to refuse to issue a B visa, if they have reason to believe that this is the primary purpose of the trip. The new 2026 policy shifts the focus from the applicants themselves to the organisers, intermediaries and infrastructure behind such schemes.
Immigration lawyers note that the State Department has not yet disclosed in detail what evidence will be used, how exactly those subject to the restrictions will be identified, or whether the new measures will affect visas that have already been issued. Pregnancy in itself is not an automatic ground for refusing a visa. The State Department continues to permit travel to the US for the purpose of medical treatment, including medical care during pregnancy, provided the applicant meets the requirements for the relevant visa and can confirm the purpose of the trip and the ability to cover medical expenses. However, ‘birth tourism’, where the primary purpose is to obtain US citizenship for a child, is not officially recognised as a valid reason for granting a visitor’s visa.