Are U.S.-Born Children of H-1B Visa Holders Still U.S. Citizens?

As of June 2025, the status of birthright citizenship for children born to H-1B visa holders in the U.S. is uncertain. President Trump’s Executive Order 14160, signed in January 2025, aims to deny automatic citizenship to children born to parents on temporary visas, including H-1B, unless at least one parent is a U.S. citizen or lawful permanent resident. While this order has faced legal challenges, a recent Supreme Court ruling limited the scope of injunctions, allowing the order to take effect in states without specific legal blocks. The constitutionality of the executive order remains unresolved, and further legal developments are anticipated.