US Birthright Citizenship Banned: Will it Affect the H1-B Visa Process?

• Written by Mudit Handa

  Reviewed by Akhil Pillai

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On Jan 20, 2025, President Donald Trump signed an executive order to abolish birthright citizenship. While not aimed directly at H1-B visa holders' eligibility for US citizenship, this decision has raised concerns among immigrants that it might decrease their likelihood of getting a Permanent Resident (PR) visa. 

The ban on birthright citizenship would primarily affect the children born to parents with temporary or undocumented status, potentially leaving them without citizenship or forcing them to pursue naturalisation. Consequently, the ban has sparked fresh concerns about its impact on immigrant families, who have given birth to children while staying in the US and are now worried about their citizenship status. They are primarily concerned about the negative consequences of the immigration law ban on H1B visa holders.

This article will guide you completely regarding the principle of birthright citizenship. Further, you will learn how to prepare for a safe and hassle-free work stay in the US with travel insurance.

What is the US Birthright Citizenship?

The 14th Amendment to the US Constitution established birthright citizenship in the United States. The Citizenship Clause of the 14th Amendment states that any individual born in the United States is automatically a United States citizen. Birthright citizenship ensures that individuals born in the United States acquire citizenship at birth, regardless of their parent's citizenship status, would be automatically a citizens of the United States.

Why has Birthright Citizenship been Repealed?

Due to various debates, the new government under Donald Trump has passed an executive order to repeal Birthright Citizenship.

• One of the concerns surrounding birthright citizenship was whether it should be granted to children born to undocumented immigrants. There have also been legal challenges to the constitutionality of birthright citizenship.
• The main argument against birthright citizenship is that it encourages illegal immigration, draining taxpayer resources and causing security concerns.

The executive order is currently not legally enforceable since it violates the 14th Amendment of the US Constitution, which assures birthright citizenship. The US government must pass a constitutional amendment to enforce such an order legally. 

When will the Ban on Birthright Citizenship Become Effective?

The executive order banning Birthright Citizenship in the United States will take effect on February 19, 2025. However, it is just an executive order and not a constitutional law, and it can only be enacted with a constitutional amendment.

Will the Ban on Birthright Citizenship Impact the Citizenship of H1-B Visa Holders?

No, the ban on Birthright Citizenship does not directly impact the eligibility criteria for US citizenship for H1-B visa holders. However, it may affect the citizenship of their US-born children.

Nevertheless, the procedure for the H1B visa eligibility for US citizenship remains unchanged. 

How Can I Be Eligible for US Citizenship with an H1-B Visa?

To be eligible for citizenship, H1-B visa holders have to follow any of the requirements given below:

• Obtain a Green Card: You can transition from an H1B visa to a Green Card with an employment-based sponsorship or family sponsorship.
• Fulfil Residency Requirements: Maintain continuous residency in the US for at least 5 years (or 3 years if you are married to an NRI).
• Pass Citizenship Tests: Complete the citizenship application process, including background checks, English language proficiency tests, and a civics test.

Note: Immigration policies and regulations vary from time to time. H1B visa holders should refer to official government sources or immigration experts for personalised guidance on the H1-B visa process for pursuing US citizenship.

How can US Travel Insurance Help Me in the USA?

Travel insurance for the United States can provide coverage for a range of unforeseen events, including:

• Medical emergencies: This includes coverage for illness, injury, infectious diseases, accidents, heat-related illnesses, and pre-existing conditions. It can also cover emergency medical evacuation to a suitable medical facility or repatriation of remains to the home country.
• Trip Cancellations, Interruptions, or Delays: Some travel insurance plans can reimburse you for non-refundable expenses like flights and accommodations, saving you from financial loss.
• Emergency Evacuation: Travel insurance covers the cost of emergency evacuation in the face of unforeseen events like political unrest or natural disasters.

To Sum Up

With that, you now understand the significance of travel insurance companies providing 24/7 travel assistance services, providing invaluable support and guidance when you're in unfamiliar territory or facing unexpected challenges. Remember that the specifics of coverage can differ depending on the policy. It is always recommended that policy terms and exclusions are carefully reviewed to understand the extent of coverage provided.

Disclaimer: Verifying the policy details and coverage with the official policy documents is essential. Also, kindly consult a professional medical expert to verify the details of health concerns.