Short answer: Yes. If your child is born in the United States, the child is generally a U.S. citizen at birth, even if you are in temporary E-2 nonimmigrant status.

The Supreme Court confirmed this principle in Trump v. Barbara, decided on June 30, 2026. The Court held that children born in the United States to parents who are unlawfully or temporarily present remain “subject to the jurisdiction” of the United States under the Fourteenth Amendment’s Citizenship Clause.

The ruling directly protects children born to families in temporary nonimmigrant classifications, including E-2 treaty investor families.

What Did the Supreme Court Decide?

President Trump issued Executive Order 14160 in January 2025. The order attempted to deny birthright citizenship to certain children born in the United States when neither parent was a U.S. citizen or lawful permanent resident.

The order focused on children whose mothers were:

• Unlawfully present in the United States.
• Lawfully present but only temporarily.
• Accompanied by a father who was not a U.S. citizen or lawful permanent resident.

The Supreme Court rejected that interpretation. The Court held that children born in the United States to parents who are unlawfully or temporarily present are subject to U.S. jurisdiction and acquire citizenship at birth.

The Court relied on the text of the Fourteenth Amendment, historical principles of birthright citizenship, and the Supreme Court’s prior decision in United States v. Wong Kim Ark.

You can review the Supreme Court opinion in Trump v. Barbara for the full analysis.

How Does the Fourteenth Amendment Apply?

Section 1 of the Fourteenth Amendment provides:

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This language creates two basic requirements:

1. The child must be born in the United States.
2. The child must be subject to the jurisdiction of the United States.

The Supreme Court interpreted “subject to the jurisdiction” to mean that the United States has legal authority over the person. A private foreign national who enters the United States for business, travel, or another lawful purpose remains subject to U.S. law while present in the country.

An E-2 investor is a private individual admitted to develop and direct a U.S. enterprise. An E-2 employee is also a private individual admitted to work for a qualifying treaty enterprise. Neither category receives the type of diplomatic immunity that creates a recognized exception to birthright citizenship.

As a result, an E-2 parent’s temporary immigration status does not prevent a child born in the United States from obtaining citizenship at birth.

What Does the Ruling Mean for E-2 Visa Families?

The ruling confirms the existing legal position for most E-2 families. It does not create a new benefit limited to investors. It confirms that the parents’ temporary status does not remove the child from U.S. jurisdiction.

If you are an E-2 treaty investor or E-2 employee, your child is generally a U.S. citizen at birth when the child is born in the United States.

This applies even when:

• Both parents are foreign nationals.
• Neither parent holds a green card.
• The family plans to remain in the United States temporarily.
• The E-2 investment has not created a direct immigration path for the parents.
• The parents expect to return to their home country after the E-2 period ends.

The child’s citizenship is based primarily on the child’s place of birth and legal status under the Citizenship Clause. It is not based on the amount invested, the profitability of the business, or the length of the parents’ E-2 stay.

What Does Not Change?

The Supreme Court ruling does not change the core E-2 visa requirements.

You must continue to establish that:

• You are a national of an eligible treaty country.
• You have invested, or are actively investing, a substantial amount of capital.
• Your funds are committed to a real and operating U.S. enterprise.
• The investment is subject to commercial risk.
• The enterprise is not marginal.
• You will develop and direct the enterprise.
• You intend to depart the United States when your E-2 status ends.

The ruling also does not change the E-2 visa process, visa validity rules, admission periods, or extension requirements.

The U.S. Department of State continues to regulate visa issuance at U.S. consulates and embassies. USCIS continues to regulate changes and extensions of status filed from within the United States.

The Foreign Affairs Manual guidance on E-2 investors remains relevant when you prepare a consular application and address issues such as nationality, investment, business control, and the source of funds.

Does a U.S. Citizen Child Give You Immigration Status?

No.

Your child’s U.S. citizenship does not automatically give you:

• Lawful permanent residence.
• An E-2 extension.
• Work authorization.
• Protection from removal.
• A right to remain in the United States after your E-2 status expires.

A U.S. citizen child cannot generally petition for a parent until the child reaches age 21. Even then, additional eligibility and admissibility rules may apply.

You must maintain your own E-2 status. Track the expiration date on your Form I-94. Follow the terms of your approved enterprise. File an extension or other immigration application before your authorized stay expires when appropriate.

Your child’s citizenship and your E-2 status are separate legal matters.

How Should You Document Your Child’s Citizenship?

Plan for documentation immediately after birth. Maintain a complete record of the child’s identity, birth, and family relationship.

You should generally:

1. Obtain several certified copies of the child’s U.S. birth certificate.
2. Apply for a Social Security number if appropriate.
3. Apply for a U.S. passport through the U.S. Department of State.
4. Register the birth with your home country’s consulate if that country may recognize the child as a national.
5. Review whether the child may hold dual nationality.
6. Confirm the child’s travel documents before leaving the United States.
7. Keep copies of the parents’ passports, visas, Forms I-94, marriage certificate, and the child’s birth records.

A U.S. birth certificate is important evidence of citizenship, but it may not be sufficient for international travel. A child generally needs a valid passport to enter or reenter the United States by air.

Review travel plans carefully. Do not assume that a child’s U.S. citizenship resolves the immigration status of the parents or other family members.

How Should You Plan Before the Birth?

Review your family’s immigration and business strategy before the child is born. Your planning should address both the E-2 case and the family’s expected travel and residence.

If you are preparing a new case, confirm your E-2 visa treaty countries eligibility first. Then organize the source and movement of funds, business ownership records, operating agreements, and evidence that the enterprise is active.

Your E-2 visa investment amount must be substantial in relation to the total cost of the enterprise. There is no universal minimum dollar amount for every E-2 case. The business plan, committed funds, expenditures, and operational evidence must support the application.

Your E-2 visa business plan should also address the enterprise’s financial projections, staffing plan, management structure, and capacity to support more than the investor’s minimum living expenses when required.

When Should You Consult an Immigration Attorney?

Obtain individualized advice if your circumstances include:

• A planned birth in the United States.
• Travel during pregnancy.
• A pending E-2 application or extension.
• A change in the ownership or operation of the E-2 enterprise.
• A child born outside the United States.
• Questions about dual nationality.
• Different immigration statuses for the two parents.
• Concerns about maintaining lawful status after the child’s birth.

An E-2 visa lawyer can separate the child’s citizenship analysis from the parents’ E-2 requirements. An E-2 visa attorney can also review documentation, travel plans, and the effect of a child’s birth on an upcoming application or extension.

When selecting the best E-2 visa lawyer for your case, focus on experience with E-2 filings, source-of-funds documentation, business plan review, consular processing, and status maintenance. A qualified E-2 immigration attorney should evaluate your facts rather than rely on general assumptions.

Key Takeaways for E-2 Investor Families

The Supreme Court’s ruling provides the following guidance:

• A child born in the United States to E-2 parents is generally a U.S. citizen at birth.
• E-2 is a temporary nonimmigrant classification, but that status does not exclude the child from birthright citizenship.
• The ruling confirms that temporary presence does not, by itself, defeat the Fourteenth Amendment’s Citizenship Clause.
• The child’s citizenship does not give the parents lawful permanent residence or an automatic right to remain.
• Parents must continue to comply with all E-2 requirements.
• You should obtain a certified birth certificate and U.S. passport for the child.
• Review dual nationality and travel requirements before leaving the United States.
• Obtain legal advice for mixed-status, international travel, or status-maintenance concerns.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.