On September 23 2026 the U.S. Department of State announced a new visa restriction under section 212(a)(3)(C) of the Immigration and Nationality Act aimed at individuals who knowingly engage in, have engaged in, or facilitate “birth tourism” to the United States.
Scope of the restriction
The policy targets a broad range of actors, including:
- Owners, operators, and managers of commercial birth‑tourism networks
- “Visa fixers” who coach applicants to commit fraud
- Foreign medical providers who knowingly facilitate travel for birth or the fraudulent use of Medicaid
- Other individuals who support or enable commercial birth tourism
- Certain family members of the above persons
Implementation uncertainties
- The State Department has not released detailed standards or procedures for applying the restriction.
- It is unclear what level of evidence will be required to prove “knowing” participation.
- The mechanisms for identifying covered individuals and their family members have not been described.
- The announcement does not specify whether existing visas will be affected, nor what notice or review rights will be available to those subject to the restriction.
The policy expands beyond current visitor‑visa limitations that focus solely on travel for the purpose of giving birth, by expressly targeting those who facilitate such travel.
The Murthy Law Firm is monitoring the development and will update the public as implementation guidance becomes available.
Source article: www.murthy.com
