If you are in the U.S. on a professional work visa, like an O-1, L-1, H-1B, or an EB-1/EB-2 green card path, your first question is likely: "Does this affect my child?" Currently, the answer is no. These orders don't explicitly target work visa holders, but they do change how you might be questioned when traveling.
The citizenship order only applies if neither parent is a U.S. citizen and one of these four conditions is met:
If a child falls into these categories, the order tells federal agencies not to recognize them as citizens. We expect detailed rules on how this will work by early September 2026.
The "international organization" rule is the most confusing. Many researchers and economists at places like the World Bank or IMF have certain legal immunities. We don't yet know if the government will try to deny citizenship to their children, but it's something we are watching closely.
The surrogacy rule is also broad. It doesn't distinguish between "birth tourism" and legitimate surrogacy paths for non-citizens living in the U.S., which could create hurdles for some families.
The second order is broader. It aims to stop people from coming to the U.S. solely to give birth. While it mentions tourists, it also includes students and temporary workers. It gives officers the power to deny visas or even deport people if they believe the primary reason for the trip is to have a baby on American soil.
This matters because of how you might be treated at the airport. If you or a spouse are pregnant and traveling on a work visa (like an H-4 or L-2), you might face much tougher questioning about your intentions. The order doesn't mean your child won't be a citizen if born here; it just gives the government more power to stop you from entering in the first place.
These orders are new and may be challenged in court. For now, they haven't fully gone into effect. If you are pregnant and planning to travel internationally, talk to us first. It may be helpful to carry evidence showing that your trip is for work or family reasons, rather than just for birth. If you work for a multilateral institution, review your specific immunity status before the new rules come in September. More importantly, your eligibility for a work visa or green card remains the same.
