When talking U.S. visas, 'B' does not stand for 'birth'

As of January 24, 2020, some pregnant foreign nationals traveling to the United States are having to overcome more than tight seatbelts and inadequate bathrooms. The U.S. State Department has changed the rule for obtaining a B-2 "visitor for pleasure" visa. The new rule defines the term "pleasure" to exclude gaining U.S. citizenship for a child by giving birth in the United States. It also creates a "rebuttable presumption" that a woman who is pregnant and applying for a visitor-for-pleasure visa is doing just that. The stated reason for the rule is to address the purported practice of "birth tourism."

'Birth tourism' and the new rule

"Birth tourism" is the alleged practice of coming to the United States to give birth so the baby may obtain U.S. citizenship. The 14th Amendment holds, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Thus, a person born on U.S. soil, waters, or airspace is a U.S. citizen.

Regardless of whether you agree that giving birth involves "pleasure," the new rule is rather awkward. It directs consular officers who have reason to believe a woman will give birth during her stay in the United States to deny a B-2 visa unless she proves she has another "primary purpose" for her visit or she is coming to the country to receive necessary medical treatment.