How Trump's Citizenship Defeat Affects Indian Families On H-1B And Other Temporary Visas

Last Updated:June 30, 2026, 20:52 IST

The United States is home to an estimated 5.2 million to 5.4 million people of Indian origin, accounting for roughly 1.6 per cent of the country's population.

The US Supreme Court’s decision to strike down President Donald Trump’s executive order restricting birthright citizenship has brought relief to thousands of Indian families living in the United States on H-1B and other temporary visas.

The ruling means that the long-standing constitutional principle of birthright citizenship remains in place, ensuring that children born in the United States continue to receive US citizenship at birth, regardless of whether their parents are on temporary work visas or are in the country unlawfully.

Why The Case Mattered To Indians

The United States is home to an estimated 5.2 million to 5.4 million people of Indian origin, accounting for roughly 1.6 per cent of the country’s population.

A significant number of Indian professionals work in the US on H-1B visas, particularly in the technology, engineering, healthcare and finance sectors. Any change to birthright citizenship rules would have directly affected many of these families planning to have children while living in the United States.

Can H-1B Visa Holders Have Children In US?

Yes.

There are no US immigration laws or visa rules preventing H-1B visa holders—or people on other valid temporary visas—from becoming pregnant or giving birth in the United States.

The Supreme Court’s ruling means that children born to these families in the US will continue to be recognised as US citizens at birth under the Citizenship Clause of the 14th Amendment.

Does US-Born Child Make Parents US Citizens?

No.

A child born in the United States automatically receives US citizenship, but that citizenship does not extend to the parents.

Parents on H-1B or other temporary visas must continue to maintain their own legal immigration status independently.

Under US immigration law, a US citizen child cannot sponsor a parent for permanent residency until turning 21 years old.

What Happens To H-1B Visa Holder?

An H-1B visa remains governed by existing immigration rules.

Once selected in the H-1B lottery and approved, a worker typically receives an H-1B visa for up to three years.

Employers can generally extend the visa for another three years, taking the standard maximum stay to six years.

If the individual reaches the six-year limit without qualifying for further extensions through a pending employment-based green card application, they are generally required to leave the United States. After remaining outside the country for one uninterrupted year, they may become eligible to enter the H-1B lottery again for a fresh six-year cycle.

What About Indian Citizenship?

India does not permit full dual citizenship.

A child born in the United States to Indian parents acquires US citizenship by birth. While the child cannot simultaneously hold full Indian citizenship, parents may apply for an Overseas Citizen of India (OCI) card, which allows lifelong visa-free travel to India and broad residency rights, although it is not equivalent to Indian citizenship.

What Trump’s Order Sought To Change

Trump’s executive order sought to end automatic US citizenship for children born to parents who were in the United States illegally or on temporary visas, including H-1B workers.

Lower federal courts blocked the order, ruling that it conflicted with the Citizenship Clause of the 14th Amendment, which has long been interpreted to guarantee citizenship to nearly everyone born on US soil.

With the Supreme Court rejecting the administration’s effort, birthright citizenship remains unchanged, providing legal certainty for thousands of Indian professionals and other temporary visa holders living and working in the United States.

About the Author

Saurabh VermaSenior Sub-editor

Saurabh Verma covers general, national and international day-to-day news for News18.com as a Chief Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19

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