US Embassy Tightens Visa Rules to Combat Birth Tourism

The US Embassy in India has implemented stricter regulations regarding tourist visa applications, specifically targeting what is being termed “birth tourism.” On December 12, 2023, the embassy issued a clear warning stating that any applicant suspected of traveling to the United States with the primary intention of giving birth to secure American citizenship for their child will face an immediate visa denial.

In a post on social media platform X, the embassy emphasized, “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.” This statement aligns with a 2020 amendment to US visa regulations that allows consular officers to reject B-1/B-2 visitor visas if there is suspicion of birth tourism.

The US State Department has reiterated concerns about the misuse of tourist visas, asserting that such practices not only violate established policies but also place an undue financial burden on American taxpayers, particularly through medical expenses incurred during childbirth.

Increased Scrutiny for Visa Applicants

This warning comes as the US government is intensifying scrutiny of visa applicants’ social media presence. Starting December 15, 2023, all H-1B workers, along with new applicants and their H-4 dependents, must grant access to their online accounts for visa vetting purposes. This new requirement has raised significant concerns among Indian immigrants, who constitute over 70 percent of H-1B visa holders and nearly 90 percent of H-4 Employment Authorization Document (EAD) recipients. Many are apprehensive about potential disruptions to their careers, mortgages, and children’s education as a result of the intensified review process.

In a related issue, the US Embassy in India has rescheduled a substantial number of H-1B and H-4 visa interviews, with some appointments now pushed back to mid-2026. The embassy communicated, “If you have received an email advising that your visa appointment has been rescheduled, Mission India looks forward to assisting you on your new appointment date,” while cautioning that individuals appearing on cancelled dates may face denied entry.

The tightening of visa regulations and the rescheduling of appointments reflect the broader trend of stricter immigration controls by the US government, particularly concerning non-immigrant visa categories. As these developments unfold, applicants are urged to remain vigilant and informed about the latest changes to ensure compliance with US immigration policies.