An executive order signed August 6, 2026, directs federal agencies to deny, revoke, or cancel visas for foreign nationals who enter the United States specifically to give birth, targeting what the order calls birth tourism visa abuse. The order empowers consular officers and CBP to identify and refuse travel authorization to applicants believed to intend birth tourism. Practitioners advising on B-1/B-2 visa applications must now account for heightened scrutiny around pregnancy-related travel and strengthen documentation strategies accordingly.
What changed
The birth tourism executive order defines birth tourism as entering the United States on a nonimmigrant visa for the express purpose of giving birth in the country or facilitating someone else’s entry for that purpose.
It delegates authority under Section 215(a) of the Immigration and Nationality Act to the Secretaries of DOS and DHS to deny visas, revoke visas and permanently bar reentry, deny entry, or remove travelers found to have engaged in, or who plan to engage in birth tourism. It further authorizes the Secretaries of DOS and DHS to take action against individuals or organizations that facilitate these actions.
The order directs the U.S. Department of State to strengthen visa screening procedures and identify applicants who intend to travel to the United States to give birth. The order also calls on the U.S. Department of Homeland Security (DHS) to coordinate with the State Department on enhanced screening at ports of entry.
Why it matters
For immigration practitioners, the order materially shifts the evidentiary and procedural landscape around B-1/B-2 applications involving pregnant applicants or applicants traveling during their childbearing years.
A consular officer or a Customs and Border Protection (“CBP”) officer who concludes that a traveler entered, or intends to enter, for the purpose of giving birth in the United States can now deny a visa, revoke one already issued, permanently bar future entry, or seek removal, without a defined process for reaching that conclusion. Travel timed around a due date, or travel that an officer characterizes as suspicious for other reasons, could trigger scrutiny.
A pregnancy alone does not constitute proof of birth tourism intent, but applicants should anticipate questions about the timing of travel, the purpose of their visit, and their plans for medical care while in the United States. Documentation supporting the legitimate purpose of travel becomes more important than ever in this environment.
For those already in the United States on nonimmigrant visas who give birth during their authorized stay, the order’s focus is on purposeful entry — that is, those who entered with birth as their primary objective. The order does not expressly address individuals who become pregnant after arrival or whose births are unplanned.
The order does not define a formal process by which a consular officer or CBP determines birth tourism intent, creating uncertainty around how the provision will be applied in practice across different consular posts and ports of entry.
Way forward
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For clients with pending B-1/B-2 applications: Gather and organize documentation of the stated purpose of travel (family visits, business, medical tourism for non-birth procedures). If pregnancy is present, prepare evidence of plans to give birth outside the United States or evidence that any U.S. birth would be incidental to the primary purpose of travel.
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For pregnant clients or clients of childbearing age planning to travel: Clearly articulate the non-birth purpose of the B-1/B-2 visit (e.g., attending a conference, visiting relatives, receiving specialized medical care for non-obstetric reasons). Consular interviews will now include more detailed questioning around travel timing and medical plans.
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For applicants currently in the U.S. on nonimmigrant status: If birth occurs during authorized stay, the order focuses on intent at entry. Applicants whose travel purpose was documented as non-birth-related should have a lower risk profile under the order’s language.
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Monitor agency guidance: The order delegates implementation to DOS and DHS. Watch for consular post circulars and CBP operational guidance that may clarify the standard by which birth tourism intent is determined.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. Please consult with a licensed immigration attorney for advice on how this executive order applies to your specific facts and circumstances. Immigration policy can change without notice; verify all information against the primary source linked above before advising clients or making travel decisions.