Why do people on work visas have kids in the US?

People who are on temporary work visas in the USA, such as the H-1B visa or other similar visas, may choose to have their children born in the U.S. for a variety of reasons, particularly because of the way birthright citizenship works in the United States.

Why People Have Children Born in the U.S. While on Temporary Work Visas

1. Birthright Citizenship (14th Amendment):

o The U.S. grants automatic citizenship to anyone born on U.S. soil, including children born to non-citizen parents. This is called birthright citizenship, which is provided under the 14th Amendment of the U.S. Constitution. So, a child born in the U.S. automatically becomes a U.S. citizen, regardless of the parents' immigration status.

2. Benefits of U.S. Citizenship for Children:

o Access to U.S. education: U.S. citizens can attend public schools and are eligible for in-state tuition rates at public universities and colleges, which are significantly cheaper than international or out-of-state rates.

o Social Security and Healthcare: U.S. citizen children are eligible for Social Security benefits, Medicare, and other government-provided health programs.

o Travel and Mobility: U.S. citizens can travel freely to the U.S. and receive the benefits of U.S. passport privileges, which include access to a large number of countries without a visa or with visa-on-arrival options.

o Right to Sponsor Family Members: Once the child reaches the age of 21, they can sponsor their parents for permanent residency (green card) to bring them to the U.S.

3. Better Long-Term Prospects:

o Some parents may see U.S. citizenship for their child as an opportunity to secure better career, education, and living prospects in the long run, even if they return to their home country shortly after the child is born. A U.S. citizen child can later apply for a U.S. visa or green card for their parents, which could provide a pathway for family reunification.

4. Stability and Safety:

o For families from countries with unstable political or economic conditions, giving birth in the U.S. can be seen as a means to secure a safer future for their child. The U.S. passport is often viewed as one of the most powerful and respected passports globally, which allows access to many countries without restrictions.

Pros and Cons of U.S. Birthright Citizenship

Pros

1. Guaranteed U.S. Citizenship for the Child:

o As mentioned earlier, the most significant benefit is that the child automatically becomes a U.S. citizen simply by being born on U.S. soil.

2. Access to U.S. Public Benefits:

o The child can access free public education in the U.S. and qualify for scholarships, federal student aid, and other educational opportunities.

o As a U.S. citizen, the child can also receive benefits from social programs, like Social Security, as they grow older.

3. U.S. Passport:

o The child will have the ability to travel easily with a U.S. passport, which grants them visa-free or visa-on-arrival access to many countries around the world.

4. Pathway for Family Reunification:

o Once the child turns 21, they can sponsor their parents for permanent residency (green card), offering a potential pathway to legal immigration for the parents.

5. Global Mobility and Job Opportunities:

o Having U.S. citizenship can be an advantage when seeking employment in global companies that prioritize U.S. citizens for roles, particularly in government, international organizations, or tech companies.

6. Right to Live and Work in the U.S.:

o The child can live, work, and settle anywhere in the U.S. without needing a visa or work permit. This is a significant advantage if the family decides to settle permanently in the U.S. in the future.

Cons

1. U.S. Taxation:

o The child, as a U.S. citizen, would be subject to U.S. tax laws, even if they live outside of the U.S. In theory, U.S. citizens must file annual tax returns with the IRS, reporting worldwide income, although income thresholds may exempt them from paying taxes. This can create a financial and administrative burden if the child spends most of their life outside of the U.S.

2. Dual Nationality Complications:

o Depending on the parents' home country, the child may end up with dual citizenship, which could create complications in terms of legal obligations, including taxation or military service requirements. Some countries don't allow dual nationality, and it can lead to legal issues or confusion.

3. Potential Issues with U.S. Immigration:

o Although the child may benefit from U.S. citizenship, this could lead to complications for the parents' immigration status. If the parents intend to stay in the U.S. long-term, their temporary visa status might not be enough to allow them to stay indefinitely. Furthermore, the process of getting the parents a green card through the child’s sponsorship may be complex, especially if the parents have overstayed their visa or have been in the U.S. illegally.

4. Possible Strain on Relationship with Home Country:

o Depending on the home country, some governments do not view birthright citizenship as favorable, and parents may face issues with legal frameworks, especially in countries that require their citizens to renounce foreign citizenship. There may also be cultural or societal pressures against seeking foreign nationality for their children.

5. Permanent Residency Complications:

o If the parents want to stay in the U.S. longer, the birth of a child in the U.S. does not automatically guarantee a smooth or expedited pathway to permanent residency for them. U.S. immigration laws are complex, and while the child can eventually sponsor the parents for a green card, it is not an immediate or guaranteed process.

Conclusion

Having children born in the U.S. while on a temporary work visa can offer significant advantages, especially for the child, in terms of citizenship, access to public services, and future mobility. It can provide a path to permanent residency for the parents down the line and open doors for educational and career opportunities in the U.S. However, it also comes with complications such as dual citizenship issues, tax obligations, and visa challenges for the parents.

Ultimately, the decision to have a child born in the U.S. is highly personal and dependent on the family's long-term goals and circumstances.