USCIS' 'plain and straight message' to H1-B, Green Card and other visa applicants: There are only two...

The US Citizenship and Immigration Services (USCIS) has updated its policy to clarify that it will only recognize two biological sexes—male and female. The change aligns with an executive order issued by President Donald Trump in January 2025, titled ‘Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government’. The updated policy, which took effect on April 2, applies to all pending and future immigration benefit requests. “USCIS is returning to its historical policy of recognizing two biological sexes,” the agency said in a press statement.
Tricia McLaughlin, Assistant Secretary for Public Affairs at the Department of Homeland Security, said “There are only two sexes—male and female. President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality. Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being.”

Under the new guidance, a person’s sex will be determined based on the birth certificate issued at or closest to the time of birth. “If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence. See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)],” the agency stated.
The agency further added that the benefits will not be denied solely based on how someone identifies their sex, it also confirmed that it does not issue documents with a blank sex field or one that differs from the original birth certificate. Any discrepancies may lead to processing delays.