NewsFlash! State Department Announces New Visa Restrictions Related to Birth Tourism

On September 23, 2026, the U.S. Department of State announced a new visa restriction policy under section 212(a)(3)(C) of the Immigration and Nationality Act targeting individuals who knowingly engage in, have engaged in, or facilitate birth tourism to the United States. According to the announcement, the policy may apply to owners, operators, and managers of commercial birth-tourism networks; visa “fixers” who coach applicants to commit fraud; foreign medical providers who knowingly facilitate such travel or the fraudulent use of Medicaid; other individuals who support or enable commercial birth tourism; and certain family members. The State Department announcement, Protecting the Sanctity of U.S. Citizenship: A New Visa Restriction Policy for Those Who Engage in or Facilitate Birth Tourism, does not provide detailed standards or procedures for implementing the policy.

The announcement is broader than the existing visitor-visa restrictions on travel primarily to give birth in the United States to obtain U.S. citizenship for a child because it also expressly targets persons who allegedly facilitate such travel. It remains unclear what evidence the State Department will require, how it will identify covered individuals and family members, whether the policy will affect existing visas, and what notice or review will be available. The Murthy Law Firm is monitoring this development and will provide additional information as implementation guidance becomes available.

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