Understanding Recent Proposals on Birthright Citizenship and H-1B Visas: What Immigrants in Oklahoma Need to Know

By Olivia Terry, Immigration Attorney | Tulsa, Oklahoma

Recent news coverage has highlighted two significant legislative proposals making their way through Congress that could reshape fundamental aspects of U.S. immigration law. As an immigration attorney serving families and employers throughout Oklahoma, I want to help you understand what these developments mean for your situation and what steps you can take now to protect your interests.

Disclaimer: This analysis is inspired by recent public news coverage and represents my professional interpretation of proposed legislation. These are proposals, not enacted law, and the immigration landscape can change rapidly.

Proposed Changes to Birthright Citizenship: Understanding the 14th Amendment Debate

According to recent Fox News reporting, Senator Bernie Moreno is circulating legislation modeled after a 1993 proposal by then-Senator Harry Reid that would redefine birthright citizenship in the United States. This proposal seeks to limit automatic citizenship for children born on U.S. soil.

What Current Law Says

Under the 14th Amendment to the U.S. Constitution, ratified in 1868, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." For over a century, this has been interpreted to mean that nearly all children born on U.S. soil automatically acquire U.S. citizenship at birth, regardless of their parents' immigration status.

What This Proposal Could Mean

While specific legislative language has not been publicly released, proposals of this nature typically seek to restrict birthright citizenship to children born to at least one parent who is either:

A U.S. citizen
A lawful permanent resident (green card holder)
An individual serving in the U.S. military

Impact on Immigrant Families

If such legislation were to pass and survive inevitable constitutional challenges, it would fundamentally alter the immigration status of children born in the United States to parents on temporary visas or without lawful status. This could affect:

Temporary Visa Holders: Children born to parents on H-1B, L-1, F-1, or other nonimmigrant visas might not automatically receive U.S. citizenship. These children would instead inherit their parents' nationality and potentially face the same visa requirements and immigration uncertainties as their parents.

Undocumented Immigrants: Children born to parents without lawful status would not acquire citizenship and would face potential removal proceedings alongside their parents.

Long-term Family Planning: Mixed-status families—where some members have legal status and others do not—would face even more complex situations regarding family unity and future immigration benefits.

Actionable Advice

If you are pregnant or planning to have children while in the United States on a temporary visa or without current lawful status, I strongly recommend:

Document your current immigration status and maintain all records related to your lawful presence in the United States
Consult with an immigration attorney immediately to understand how potential changes could affect your family's long-term plans
Explore pathways to permanent residence now, before any legislative changes take effect
Obtain certified birth certificates and Consular Reports of Birth Abroad (Form DS-2029) for any children already born in the U.S.

The H-1B Visa Program Under Fire: Calls for Abolishment

Separate Fox News coverage reports that Representative Riley Moore of West Virginia has characterized the H-1B specialty occupation visa program as a "scam" and indicates growing Republican support to abolish the program entirely.

Understanding the H-1B Program

The H-1B is a nonimmigrant (temporary) visa category established under Section 101(a)(15)(H) of the Immigration and Nationality Act. It allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise, typically requiring at least a bachelor's degree.

Key agencies involved:

U.S. Citizenship and Immigration Services (USCIS) adjudicates H-1B petitions (Form I-129)
Department of Labor (DOL) certifies Labor Condition Applications (Form ETA-9035)
Department of State (DOS) issues visa stamps at consulates abroad

The program is currently capped at 65,000 visas annually, plus an additional 20,000 for individuals with U.S. advanced degrees.

What Abolishment Would Mean

If Congress were to abolish or severely restrict the H-1B program, the consequences would be far-reaching:

For Current H-1B Holders: Approximately 580,000 individuals currently work in the United States on H-1B status. Abolishment could trigger:

Immediate loss of work authorization
Requirement to depart the United States or change to another visa category
Disruption of pending green card applications (many H-1B holders are in the employment-based immigrant visa queue)

For Employers: Companies that rely on H-1B workers—particularly in technology, healthcare, engineering, and education—would face significant workforce disruptions and would need to identify alternative visa categories or recruitment strategies.

For Pending Applicants: Individuals selected in the H-1B lottery (conducted each March for positions starting in October) could see their petitions denied or their status in limbo.

The Distinction Between H-1B and Employment-Based Green Cards

It's critical to understand that the H-1B is a temporary work visa, not a pathway to permanent residence on its own. Many H-1B holders pursue employment-based immigrant visas (green cards) through separate processes:

EB-1: Priority workers (extraordinary ability, outstanding professors/researchers, multinational executives)
EB-2: Advanced degree professionals or individuals with exceptional ability (Form I-140)
EB-3: Skilled workers, professionals, and other workers (Form I-140)

These employment-based immigrant categories require DOL labor certification (PERM, Form ETA-9089) in most cases, followed by a USCIS immigrant petition (Form I-140), and finally adjustment of status (Form I-485) or consular processing.

If H-1B were abolished without alternative temporary work authorization, many individuals would lose their ability to remain in the United States while their green card applications are pending—a process that can take years, particularly for individuals born in countries with visa backlogs like India and China.

Actionable Advice for H-1B Holders and Employers

If you currently hold H-1B status or employ H-1B workers, take these steps now:

Accelerate green card processing: If you're eligible for an employment-based immigrant visa, begin or expedite the PERM labor certification and I-140 petition process immediately
Explore alternative visa categories: Investigate whether you qualify for:
- O-1 visa (individuals with extraordinary ability)
- L-1 visa (intracompany transferees, if you've worked abroad for a related company)
- E-2 visa (treaty investors, if you're from a treaty country)
- TN visa (NAFTA professionals from Canada or Mexico)
Maintain meticulous compliance: Ensure all Labor Condition Applications are current, wage requirements are met, and you're working within your approved specialty occupation
Monitor your priority date: If you have an approved I-140, track your priority date in the monthly Visa Bulletin to understand when you may file for adjustment of status
Consider your family's status: H-4 dependent spouses and children would also lose status if the primary H-1B holder's status is terminated

What These Proposals Mean Together

Both proposals reflect a broader restrictionist approach to immigration policy. Together, they could:

Limit both temporary work authorization and permanent pathways to citizenship
Create increased uncertainty for immigrant families and employers
Potentially trigger constitutional challenges and years of litigation
Reshape the demographic and economic landscape of communities across Oklahoma and the nation

Why Legal Guidance Matters Now More Than Ever

Immigration law is complex under the best circumstances. When fundamental aspects of the system are under debate, having experienced legal counsel becomes essential. As proposals move through Congress, implementation timelines, grandfather clauses, and legal challenges will determine how—and whether—these changes affect you.

Don't wait until legislation passes to protect your rights. By then, your options may be significantly limited.

Take Action Today

If you or your family members could be affected by changes to birthright citizenship or H-1B policy, I encourage you to schedule a consultation with our office. We can:

Assess your current immigration status and vulnerabilities
Identify alternative pathways to permanent residence
Develop a proactive strategy to protect your family's future
Ensure compliance with all current requirements while options remain available

Contact New Horizons Legal today:

📞 Call: +1 (918) 221-9438
📧 Email: contact@newhorizonslegal.com
📅 Book a consultation: https://newhorizonslegal.com/booking
📝 Request an intake: https://newhorizonslegal.com/intake

Your immigration journey deserves experienced, compassionate guidance. Let's work together to navigate these uncertain times and secure your family's future in the United States.

Olivia Terry is an immigration attorney based in Tulsa, Oklahoma, serving clients throughout the state and nationwide. This blog post is for informational purposes only and does not constitute legal advice. Individual cases vary, and outcomes depend on specific facts and circumstances.

This analysis is inspired by publicly available news reporting. Immigration law changes quickly; speak with an attorney about your specific facts.

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Birthright Citizenship and Visa Reform: What Immigrants and Attorneys Need to Know