US Announces New Visa Restrictions Targeting Birth Tourism

Shibbir Ahmed, Washington DC — U.S. Secretary of State Marco Rubio has announced a new visa restriction policy targeting individuals who knowingly engage in or facilitate commercial “birth tourism” to the United States. Under the policy, announced September 23, the State Department said it will use Section 212(a)(3)(C) of the Immigration and Nationality Act to restrict visa issuance to people involved in commercial birth-tourism operations. The policy specifically targets owners, operators and managers of birth-tourism networks, visa “fixers” who coach applicants to commit fraud, foreign medical providers who knowingly facilitate such travel, and others who knowingly support or enable the practice.

Rubio said foreign commercial birth-tourism networks have exploited the U.S. immigration system by charging large sums of money to arrange births in the United States for the purpose of obtaining U.S. citizenship for children. The statement also accused some networks of coaching foreign nationals to provide false information on visa applications and of facilitating fraudulent use of Medicaid.

“The Trump Administration is using every tool at our disposal to defend the integrity of U.S. citizenship, protect American public benefits and U.S. taxpayers from exploitation, and safeguard our national security,” Rubio said in the statement.

The State Department has already prohibited birth tourism as a permissible purpose for a U.S. visitor visa. Its current visitor-visa guidance defines birth tourism as travel to the United States primarily to give birth so that the child obtains U.S. citizenship, and states that such travel is not permissible on a visitor visa.

The department previously introduced specific rules addressing birth tourism in 2020. Under those rules, consular officers were directed to deny B-visa applications when they had reason to believe an applicant’s primary purpose for traveling to the United States was to give birth in order to obtain U.S. citizenship for the child.

The newly announced policy goes beyond the individual seeking to travel for birth tourism by specifically targeting people and organizations that facilitate or profit from the practice. According to Rubio’s statement, certain family members of individuals covered by the restrictions may also be subject to the new visa restrictions.

The announcement comes as the State Department has continued to expand visa screening and vetting measures. On September 18, the department announced that, effective October 1, online-presence review would be expanded to additional nonimmigrant visa categories, saying the screening process is intended to identify applicants who may be inadmissible or who fail to establish eligibility for the visa requested.

The new birth-tourism policy is being implemented under existing provisions of U.S. immigration law rather than through a change to the statutory citizenship rules themselves. The announcement specifically concerns visa restrictions on people involved in or facilitating commercial birth tourism.




US Expands Social Media Screening for Visa Applicants

Shibbir Ahmed, Washington DC — The U.S. Department of State is expanding its online presence screening program to three additional categories of nonimmigrant visa applicants, requiring certain foreign nationals to make their social media profiles publicly accessible as part of the visa vetting process.

Beginning October 1, 2026, the expanded screening will apply to applicants for I, TN and TD visas, according to a State Department announcement issued September 18. Applicants in these categories will be instructed to set the privacy settings on all of their social media profiles to “public” or “open” to facilitate the review.

The I visa is used by representatives of foreign media, including members of the press, radio, film and print industries who travel temporarily to the United States to work in their profession. TN visas are available to qualifying professionals from Canada and Mexico under the United States-Mexico-Canada Agreement, while TD visas are for eligible dependents of TN visa holders.

The State Department said it uses information from available sources during visa screening to determine whether applicants are admissible to the United States, including whether they may pose national-security or public-safety concerns.

“Every visa adjudication is fundamentally a national security decision,” the department said, emphasizing that applicants must demonstrate their eligibility for the visa category and their intention to comply with the terms of admission.

The latest expansion adds I, TN and TD applicants to a growing list of visa categories already subject to online presence review. The program currently covers several diplomatic and official categories, F and M student visas, H-1B and certain related employment visas, J exchange-visitor visas, K fiancé and dependent visas, Q cultural-exchange visas, R religious-worker visas, and S, T and U categories involving witnesses, informants and victims.

The State Department previously expanded online presence screening in March to additional visa classifications, including H-3, H-4 dependents of H-3 applicants, K-1, K-2, K-3, Q, R-1, R-2, S, T and U visas. H-1B and H-4 applicants were brought under the online-presence review in December 2025.

The department says the screening is part of a broader effort to strengthen visa vetting and identify applicants who may be inadmissible to the United States. The policy applies during the visa adjudication process and does not mean that every applicant whose social-media account is reviewed will be denied a visa.

For foreign journalists, the change is particularly significant because the I visa is specifically designed for eligible representatives of foreign media organizations. The State Department says I-visa holders may engage in informational or educational activities in the United States connected to the news-gathering and reporting functions of their foreign media organization.

The expanded screening comes as the Trump administration continues to tighten immigration and visa-screening procedures. The administration has previously expanded online vetting for students, exchange visitors and certain employment-based visa applicants. The new requirements for I, TN and TD applicants will take effect October 1, 2026.