In short
- The policy applies to owners, operators, managers, visa 'fixers', and foreign medical providers who facilitate or profit from birth tourism.
- Certain family members of those targeted may also be subject to these visa restrictions.
What happened
The State Department has introduced a visa restriction policy aimed at individuals and entities who knowingly engage in or facilitate commercial birth tourism to the United States. This includes those who coach applicants to commit fraud, arrange births for the purpose of obtaining U.S. citizenship, and abet the fraudulent use of Medicaid.
The policy, announced under Section 212(a)(3)(C) of the Immigration and Nationality Act, extends to owners, operators, managers, visa 'fixers', foreign medical providers, and potentially certain family members. The measure is intended to protect the integrity of U.S. citizenship and prevent exploitation of public benefits.
By restricting visa issuance of those who both engage in and profit from this fraud, we are sending a clear message: The United States will not allow foreigners to exploit our immigration system and violate the sanctity of U.S. citizenship.
Named in this item
Person, regulator US Section 212(a)(3)(C) Immigration and Nationality Act —
What compliance teams should check
- Screen visa applicants for links to commercial birth tourism facilitation networks as described in Section 212(a)(3)(C) of the Immigration and Nationality Act.
- Review relationships with foreign medical providers to ensure they are not knowingly abetting or facilitating birth tourism or fraudulent Medicaid use.
- Update internal watchlists to include visa 'fixers', owners, operators, and managers identified as supporting or enabling commercial birth tourism.
Why it matters
This policy signals a significant tightening of U.S. visa issuance for those involved in commercial birth tourism, directly impacting compliance officers responsible for vetting applicants and monitoring third-party relationships. By targeting not only direct participants but also facilitators and certain family members, the policy broadens the scope of due diligence required. Compliance teams must adapt screening processes to identify and report connections to birth tourism networks, ensuring adherence to the new restrictions and safeguarding against immigration and benefits fraud.
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