Birthright Citizenship and Business Immigration: What Employers and Visa Holders Need to Know

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Washington, D.C. – A new executive order, titled “Protecting the Meaning and Value of American Citizenship,” has introduced a major shift in U.S. birthright citizenship policies. Under this order, set to take effect on February 20, 2025, only children born on U.S. soil to at least one U.S. citizen or lawful permanent resident (LPR) will be eligible for automatic citizenship. This change directly affects families of foreign nationals on employment-based visas, such as H-1B, L-1, and E visas.

Key Changes to Birthright Citizenship

For over 150 years, the 14th Amendment has guaranteed U.S. citizenship to all individuals born in the country, regardless of their parents’ immigration status. However, the new executive order modifies this principle, making citizenship at birth conditional on a parent’s legal status.

New Requirements for Citizenship at Birth

Effective February 20, 2025, the following rules apply:

• A child must have at least one parent who is a U.S. citizen or a lawful permanent resident (green card holder) to qualify for automatic citizenship.
• Children born to parents on nonimmigrant visas (such as H-1B, L-1, O-1, and F-1) will no longer receive automatic U.S. citizenship at birth.
• These children will instead be classified as dependent nonimmigrants, meaning they will remain under their parent’s visa category.

Legal Challenges and Temporary Block on Implementation

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On January 23, 2025, a federal judge in Washington issued a temporary restraining order (TRO) blocking the implementation of the executive order. A preliminary injunction was also granted, ensuring that birthright citizenship remains intact while litigation continues. However, further legal battles are expected, and the case could ultimately be decided by the U.S. Supreme Court.

Impact on Families and Employers

1. Children of H-1B, L-1, and Other Visa Holders

• No automatic U.S. citizenship: Children born in the U.S. to nonimmigrant visa holders will not receive citizenship at birth.
• Dependent visa status: These children must be registered as dependents under their parent’s visa category (e.g., H-4 or L-2).
• Age restrictions: Upon turning 21 years old, they must obtain an independent legal status or leave the country.

2. Documentation Challenges for Employers and Workers

Employers and foreign workers should be prepared for new hurdles in documentation and immigration compliance:

• No U.S. passport at birth: Affected children will not receive a U.S. passport or a birth certificate indicating citizenship.
• Visa dependency: Parents must ensure that their child is properly listed under their nonimmigrant visa.
• Immigration tracking: Families must maintain accurate records to prevent legal complications.

What Employers and Foreign Workers Should Do

Although the executive order is currently blocked, employers and visa holders should stay informed and plan accordingly:

• Monitor legal developments: Further court rulings may determine whether the order is permanently overturned or upheld.
• Ensure dependent visa compliance: Employers should assist foreign workers in keeping dependent children legally documented.
• Consider permanent residency options: Families may explore pathways to green cards if they wish to secure U.S. citizenship for their children in the long term.

Looking Ahead: The Future of Birthright Citizenship

As court battles continue, the future of birthright citizenship in the U.S. remains uncertain. For now, all children born on U.S. soil—including those of nonimmigrant visa holders—are still eligible for U.S. citizenship due to the court injunction.

Immigration experts recommend staying informed and consulting legal professionals for guidance on potential policy changes.

For assistance with U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group is available to provide legal support to affected families and employers.

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Trump’s Executive Order on Birthright Citizenship: Impact on Temporary Visa Holders Like H-1B, F-1, and Visitor Visa Holders What ending birthright citizenship could look like in the U.S. What if my case did not get chosen in the H-1B lottery? What if my case did not get chosen in the H-1B lottery?