Congratulations: there's a new person in your family, and a stack of forms. For H-1B and H-4 parents, the order matters, because each document depends on the one before it, and a trip to India depends on all of them.
As of November 2, 2026, here's the sequence and the rules behind each step. Our guide to birthright citizenship for children of H-1B parents covers the child's citizenship itself.
- Parents can request a newborn's SSN at the hospital through Enumeration at Birth.
- SSA says about 99% of infant SSNs are assigned through that process.
- Children under 16 must apply for a passport in person.
- Both parents must sign a passport application for a child under 16, with limited exceptions.
- A passport issued to a child under 16 is valid for five years.
- An Indian passport is given only to Indian citizens; OCI requires a birth certificate naming both parents.
Step 1: Birth certificate
SSA describes how hospitals "collect the data necessary for enumeration and send it to their State vital records agencies" (SSA POMS RM 10205.505); the state vital records office is also the agency that issues birth certificates. You'll need certified copies for everything that follows. Check that both parents' names are spelled exactly as in your passports, because the passport rules and India's OCI rules both rely on it.
Step 2: Social Security number, at the hospital
The easiest route is the hospital. SSA says "Enumeration at birth (EAB) is a program that allows parents to complete applications for SSNs for their newborns as part of the hospital birth registration process," and "about 99% of SSNs for infants are assigned through the EAB process." All 50 states take part (SSA POMS RM 10205.505).
The hospital should give you a receipt. SSA describes Form SSA-2853 as "a receipt that the hospital representative gives to the parent as proof that they elected to have a Social Security Number (SSN) assigned to their child through the EAB process" (SSA POMS RM 10205.500). Keep it.
Step 3: US passport
The baby applies in person, with both of you. The regulation says "minors under 16 years of age applying for a passport must appear in person," unless excused, and "both parents or each of the minor's legal guardians" must sign the application and provide "documentary evidence of parentage" showing the child's name, date and place of birth, and parents' names (22 CFR 51.28, eCFR).
If one parent can't come, the other needs "a written statement or affidavit from the non-applying parent or legal guardian, if applicable, consenting to the issuance of the passport, and signed before a notary public," or evidence of sole custody.
Validity is shorter for children. "A regular passport or passport card issued to an applicant under 16 years of age is valid for five years from date of issue" (22 CFR 51.4(b), eCFR).
Step 4: Travel to India
Your baby is a US citizen, so not an Indian passport holder. India's OCI website says "Indian Passport is given only to an Indian citizen" (MHA, OCI Frequently Asked Questions). The usual options are an OCI card or an Indian visa.
For OCI, India asks for a birth certificate "mentioning both parent's name," and if it's "issued by a foreign authority, it is to be Apostled or endorsed by the concerned Indian Mission abroad." The OCI website's FAQ lists the full set of documents. Our guide to apostilles between India and the US explains how to apostille the US birth certificate.
What about your own status?
The baby's citizenship doesn't change yours. Your H-1B or H-4 status and any green card case continue as before. A citizen child can sponsor parents only as an adult, which our guide to sponsoring parents for a green card explains. If you're planning travel after the birth, our guide to H-1B visa stamping covers the parents' side of the trip.
What this means for you
- Check names on the birth certificate before ordering copies.
- Ask for the SSN at the hospital and keep the SSA-2853 receipt.
- Both parents sign the passport application, or use notarized consent.
- A child's passport lasts five years.
- Plan OCI or an Indian visa after the US passport arrives.
Where to start
A new child often makes long-term plans feel more urgent. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked November 2, 2026.
- SSA POMS RM 10205.505. Enumeration at Birth; 99% of infant SSNs.
- SSA POMS RM 10205.500. Form SSA-2853 receipt.
- 22 CFR 51.28 (eCFR, current text). Minors' passports; both parents; consent.
- 22 CFR 51.4 (eCFR, current text). Five-year validity under 16.
- MHA, OCI Frequently Asked Questions. Indian passports only for citizens; OCI birth certificate rules.
Frequently asked questions
How do I get a Social Security number for my newborn?
Usually at the hospital. SSA's Enumeration at Birth program lets parents apply for a newborn's SSN as part of the hospital birth registration, and SSA says about 99% of infant SSNs are assigned that way. The hospital gives you a receipt, Form SSA-2853, as proof you asked. The card arrives by mail after a state-specific lag.
Do both parents need to be present for a baby's US passport?
Both parents must sign the application for a child under 16 unless one parent provides a notarized written statement of consent from the other, or evidence of sole custody, such as a court order. The child must also appear in person unless that's specifically excused. Bring the child's birth certificate showing both parents' names.
How long is a baby's US passport valid?
Five years. The passport regulation says a regular passport issued to an applicant under 16 is valid for five years from the date of issue, unless the State Department limits it. Plan renewals around trips to India, since an OCI card is tied to the passport too.
Can my US-born baby get an Indian passport?
Not as a US citizen. India's OCI website says an Indian passport is given only to an Indian citizen. Children with US citizenship usually travel to India on an OCI card or an Indian visa. India's OCI website lists the documents for a child's application.
Does my baby's US citizenship help my own green card?
Not for years. A US citizen child can only petition for parents after turning 21. In the meantime, your status still depends on your own H-1B or green card case. Our guide to birthright citizenship for H-1B parents covers the child's own status.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
