The order defines birth tourism as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth on U.S. soil, or another foreign national facilitating such an entry. That language is noteworthy because it is not limited specifically to B-1/B-2 visitor visas. The order itself points to temporary visa categories used for tourism, study, exchange programs and employment.

Padilla’s office estimates that more than 8 million people — more than 80 lakh — could gain a potential pathway to permanent residency under the change. The senator’s office specifically lists Dreamers, Temporary Protected Status holders, children of long-term visa holders, essential workers and highly skilled workers such as H-1B visa holders among people who could benefit if they individually qualify.