As President Donald Trump’s second term begins, the United States immigration system is sure to see far-reaching changes. From the start of his campaign, President Trump pledged to crack down on illegal immigration, and most of his policies favor restricting visa issuance and various forms of legal immigration.
The Trump administration has quickly begun to implement these changes, with 26 executive orders signed on Trump’s first day in office. As The Economist points out, “The speed and number of orders signed immediately after his inauguration is a sign of intent: Donald Trump is here to get things done.”
True to his campaign promises, Mr. Trump has already placed restrictions on one of the longest-standing provisions of the U.S. immigration system: birthright citizenship. Trump has done so through an executive order titled “Protecting the Meaning and Value of American Citizenship,” issued on January 20, 2025.
Under this policy, children born to non-immigrant visa holders in the United States will no longer receive U.S. citizenship. This policy affects children born to individuals on temporary visas including H-1Bs, E-2s, and F-1s.
Instead, only children born to lawful permanent residents—that is, Green Card holders—will be entitled to birthright citizenship.
Workers on H-1B and similar visas will now find it more difficult to secure their entire family’s future in the United States. But Green Card holders will likely continue to enjoy immigration rights such as birthright citizenship under the Trump administration.
Before the start of Trump’s second term, EB5AN had predicted far-reaching changes to temporary immigration programs, which would create challenges for workers on H-1B and other temporary visas. President Trump is already bringing these changes into effect, and temporary workers should prepare for further restrictions in the coming months.
Still, true to our analysis, Mr. Trump seems to continue to uphold the rights of lawful permanent residents. We expect both of these trends to continue throughout his second term.
If you are on an H-1B or similar visa, you may now want to obtain U.S. Green Cards for your family and become lawful permanent residents.
The EB-5 visa program is becoming an increasingly valuable option for legal immigration under Trump. For many H-1B workers, an EB-5 visa may now be the only accessible option for becoming permanent residents and securing their family’s immigration status in the long term.
What is more, EB-5 investors can now receive U.S. Green Cards in as little as 9 months by investing in a rural EB-5 project. And EB-5 investors can apply for U.S. citizenship after holding their Green Cards for five years.
If you would like your children to be born as U.S. citizens, the EB-5 program is likely the fastest path to a Green Card. Read our analysis of Trump’s executive order below and discover why the EB-5 visa is the safest way to secure your family’s future in the United States.
Analysis of President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship”
Get U.S. Green Cards in Months Through the EB-5 Program
Further Reading
Analysis of President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship”
The executive order titled “Protecting the Meaning and Value of American Citizenship,” defines the specific circumstances under which individuals born in the country can be granted U.S. citizenship.
The order’s main argument is that, while the Fourteenth Amendment ensures that most people born in the United States are citizens, it has always excluded certain groups, specifically those who are not “subject to the jurisdiction” of the United States. This principle is reflected in federal law 8 U.S.C. §1401, which specifies that only those born in the United States and subject to its jurisdiction are citizens at birth.
The order identifies two categories of individuals born in the United States who do not qualify for automatic citizenship. The first is individuals whose mothers were in the country unlawfully when they were born and whose fathers were neither U.S. citizens nor lawful permanent residents.
Of most interest to H-1B workers, the second group is individuals born to mothers who were lawfully present in the U.S. on a temporary visa and whose fathers were also neither U.S. citizens nor lawful permanent residents.
Now, birth citizenship is reserved for individuals with at least one parent who either holds a Green Card or is a U.S. citizen.
The order directs federal agencies to implement this policy by refusing to issue or recognize citizenship documents for individuals in these excluded categories. It will apply only to those born after 30 days from the order’s issuance.
Additionally, all executive departments and agencies are required to issue public guidance on the order’s implementation within 30 days.
The order specifically disqualifies children born to individuals “such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa.” This includes H-1B, E-2, EB-2, F-1, and similar visas.
Notably, it also states that the children of Green Card holders will continue to receive U.S. citizenship: “Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.”
The Economist estimates that this new policy will affect the children of “around 3m people living in America on exchange, work or student visas.”
While this executive order has been challenged in court, it’s clear that the Trump administration is determined to restrict birthright citizenship. And with a conservative “super-majority” in the U.S. Supreme Court, President Trump has a powerful mandate to carry out his policies on immigration.
Consider the number of executive orders issued by Trump on his first day compared to other recent U.S. presidents.
If you hold an H-1B or similar visa, you can likely expect even more changes and restrictions on non-immigrant visa categories. And for now, you must hold a U.S. Green Card for your children born in the United States to become U.S. citizens.
Get U.S. Green Cards in Months Through the EB-5 Program
The EB-5 program is likely the fastest way to get U.S. Green Cards for yourself, your spouse, and dependent children under the age of 21. Unlike non-immigrant visas, the EB-5 program is a direct path to permanent resident status.
As mentioned above, children born in the United States to Green Card holders are still entitled to birthright citizenship. Regardless of any upcoming restrictions on H-1B and similar visas, you can quickly enjoy permanent resident status after making an EB-5 investment.
This will allow you to secure your children’s long-term future in the United States. We expect the Trump administration to continue its trend of placing restrictions on temporary visas while respecting the rights and benefits of lawful permanent residents.
Further, investors in EB5AN’s rural projects have received their physical U.S. Green Cards in as little as 9 months. With priority processing, multiple H-1B workers from China and India have quickly transitioned from their work visas to Green Cards.
With an upcoming visa backlog for Chinese and Indian investors—in addition to President Trump’s immigration policies—we advise you to look into the EB-5 program. We can help you to find a low-risk EB-5 project and start the immigration process as quickly as possible.
Within a few months, you and your family—including any future children—can build your long-term futures in the United States as permanent residents and, eventually, citizens.
Further Reading
Executive Order: “Protecting the Meaning and Value of American Citizenship”
Risks for H-1B Workers Under Trump
What Will Happen to Indian Employees Under the Trump Administration?
