The State Department, which operates overseas embassies and consulates and the issuance of U.S. visas, has announced that, effective January 24, 2020, consular officers who interview applicants for visitor visas will make a determination whether female applicants that are pregnant are intending to travel to the United States for the primary purpose of giving birth in the country.  If an interviewing officer finds or has “reason to believe” that the visa applicant intends to give birth in the United States, and that that intention is the applicant’s primary reason for travel to the United States, the consular officer will deny the visa.

Enforcement of this rule will, of course, be tricky and likely to lead to higher denial rates for female visitor visa applicants worldwide, whether pregnant or not.  Visitors with B2 visa status are typically granted a six months entry upon inspection.  Female applicants under the age of 50, whether displaying visible signs of pregnancy or not, are likely to be questioned about private health information and may be requested to disclose medical verification of non-pregnancy.

Stay posted for updates to enforcement of this unusual rule.