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State Department Rule Impacts Pregnant Foreigners Seeking a B-1 or B-2 Visa
Practical Law Legal Update w-023-7674 (Approx. 3 pages)
State Department Rule Impacts Pregnant Foreigners Seeking a B-1 or B-2 Visa
by Practical Law Labor & Employment
| Published on 27 Jan 2020 • USA (National/Federal) |
In an effort to restrict birth tourism, the US Department of State (DOS) issued a final rule amending its regulation governing the issuance of visas in the B nonimmigrant classification for temporary visitors for pleasure.
On January 24, 2020, the US Department of State (DOS) issued a final rule amending its regulation governing the issuance of visas in the B nonimmigrant classification for temporary visitors for pleasure. The final rule establishes that:
- Traveling to the US with the specific purpose of gaining US citizenship for a child by giving birth in the US (known as birth tourism) is not:
- a permissible basis for the issuance of a B nonimmigrant visa; or
- a legitimate activity for pleasure or of a recreational nature, for the purpose of a consular officer adjudicating applications for B nonimmigrant visas.
- There is a presumption that a B nonimmigrant visa applicant who a consular officer believes will give birth while in the US is traveling for the primary purpose of obtaining US citizenship for the child. The officer shall deny the visa if they have reason to believe that the applicant intends to travel for this primary purpose.
- To rebut the presumption, the applicant must establish, to the satisfaction of a consular officer, a legitimate primary purpose other than obtaining citizenship for the child by giving birth in the US. An applicant for a B nonimmigrant visa who seeks medical treatment in the US must demonstrate, to the consular officer's satisfaction, arrangements for the treatment and the ability to pay for the treatment.
This rule is effective on January 24, 2020.
The Department of State's new rule is directly aimed at eliminating birth tourism; however, in practice, the rule will impact any pregnant individual applying for a B nonimmigrant visa, including those seeking it for a business purpose. The rule will create greater burdens on all pregnant B visa applicants, who will have to prove that their primary purpose in traveling to the US is not birth tourism.