From the text:

>or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

It specifically says the child of someone here on a work visa would not be a citizen. If that person became a citizen or permanent resident after the child’s birth, the child would need to pursue residency/citizenship through their own merit as a non-citizen.

What visa is given to non citizens born while in the US I wonder?

The definition of jurisdiction matters a lot here. But it's hard to explain why it would be that if someone who is here legal or illegal in the US, commits a crime is not subject to the jurisdiction of the US, and therefore should simply go free and be deported as if they were simply a diplomat, with diplomatic immunity...

There's many cases as well like the Gitmo cases that explain what "jurisdiction" means, and it doesn't even simply mean whether or not you are on US soil, but can be subjected to US laws, even when overseas.

I had a coworker that actually did this unapologetically ("it's your system, your laws")

Wife came here very pregnant, overstayed her travel visa, had her baby and their child is a US citizen.

He's a green card holder now, but he was genuinely just thinking about his kid's future.