Business news from Ukraine

The U.S. has imposed new visa restrictions on foreign nationals who knowingly participate in organizing so-called “birth tourism” or facilitate such trips, U.S. Secretary of State Marco Rubio announced.
The State Department’s new policy took effect on September 23, 2026, and is enforced under Section 212(a)(3)(C) of the U.S. Immigration and Nationality Act. The restrictions may apply to individuals who participate, have previously participated, or assist in organizing trips to the U.S. with the primary purpose of giving birth to a child and securing U.S. citizenship for that child.
Specifically, the measures may affect owners, executives, and managers of companies specializing in “birth tourism,” visa brokers who instruct clients to provide false information when applying for visas, as well as foreign healthcare professionals who knowingly facilitate such trips or the fraudulent use of the Medicaid program. The restrictions may also extend to other individuals who support commercial schemes and, in certain cases, to their family members.
According to Rubio, commercial “birth tourism” networks advertise their services abroad, help applicants conceal the true purpose of their trip, and may charge tens of thousands of dollars to arrange childbirth on U.S. soil.
However, this is not the first time a ban has been in place on using a B-category visitor visa for a trip whose primary purpose is to give birth to a child in order to obtain U.S. citizenship for that child. Since January 24, 2020, U.S. consular officers have been required to deny a B visa if they have reason to believe that this is the primary purpose of the trip.
The new 2026 policy shifts the focus from the applicants themselves to the organizers, intermediaries, and infrastructure behind such schemes. Immigration lawyers note that the State Department has not yet disclosed in detail what evidence will be used, how exactly individuals subject to the restrictions will be identified, or whether the new measures will affect visas that have already been issued.
Pregnancy alone is not an automatic basis for visa denial. The State Department continues to allow travel to the U.S. for medical treatment, including medical care during pregnancy, provided the applicant meets the requirements for the relevant visa and can confirm the purpose of the trip and the ability to pay for medical expenses. However, “birth tourism”—where the primary purpose is to obtain U.S. citizenship for a child—is not officially considered a valid basis for issuing a visitor visa.