The 14th Amendment to the U.S. Constitution has long guaranteed birthright citizenship to all individuals born on U.S. soil, regardless of their parents’ immigration status. However, a recent Executive Order titled “Protecting the Meaning and Value of American Citizenship” has introduced significant changes to this long-standing practice.
Under this new order, effective February 20, 2025, only babies born in the United States with at least one parent who is a U.S. citizen or lawful permanent resident (LPR) will be eligible for birthright citizenship. This change directly impacts families present in the U.S. on business immigration visas, such as H-1B, L-1, and E visas.
Key Changes to Birthright Citizenship
Previously, all children born on U.S. soil were automatically granted U.S. citizenship at birth, regardless of their parents’ immigration status.
New Executive Order Requirements (Effective February 20, 2025):
- A child born in the United States will only be eligible for citizenship if:
- At least one parent is a U.S. citizen or lawful permanent resident (green card holder).
- The birth occurs within U.S. territory.
- Children born to nonimmigrant visa holders (such as H-1B, L-1, O-1, or F-1) will not be automatically eligible for U.S. citizenship.
Important: A nationwide temporary restraining order (TRO) was issued by a federal judge in Washington on January 23, 2025, blocking implementation of this order. A preliminary injunction has also been granted, but further litigation is expected.
Impact on Business Immigration and Employers
1. Children of H-1B, L-1, and Other Nonimmigrant Visa Holders
- Children born to foreign nationals working in the U.S. under employment-based visas will no longer be granted U.S. citizenship at birth.
- These children will be considered dependent nonimmigrants under their parent’s visa category.
- Once the child turns 21 years old, they must obtain their own legal status or depart the United States.
2. Documentation Challenges
Employers and employees should be aware of potential documentation hurdles:
- No U.S. passport at birth: The child will not receive a U.S. passport or birth certificate indicating citizenship.
- Dependent visa required: The child must be added as a dependent under the parent’s H-4, L-2, or other dependent visa.
- Immigration status tracking: Families must maintain accurate documentation to avoid future complications.
Legal Uncertainty Due to Court Challenges
As of now:
- A federal judge has blocked the implementation of the Executive Order through a temporary restraining order (TRO) and preliminary injunction.
- Further litigation is expected, and the case may ultimately be decided by the U.S. Supreme Court.
- Birthright citizenship remains intact for all children born in the United States while the injunction is in place.
Recommendation: Employers and foreign workers should not assume immediate changes but should monitor developments closely.
How This Affects Employers and Employees
- Dependent Visas: Employers sponsoring foreign workers should ensure that dependent children are properly documented under the parent’s nonimmigrant visa.
- Long-Term Planning: Families should explore pathways to permanent residency if they wish to secure future U.S. citizenship for children.
- Documentation: Employers should assist foreign workers in maintaining accurate immigration records for dependent children.
Final Thoughts: Stay Informed and Prepared
The future of birthright citizenship remains uncertain as litigation continues. For now, children born to nonimmigrant visa holders continue to be eligible for U.S. citizenship, but this could change if the Executive Order is upheld.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.