USCIS Issues New Guidance Enforcing Executive Order by Restricting Visa Eligibility for Male Athletes in Female Sports

In a significant policy shift, U.S. Citizenship and Immigration Services (USCIS) has announced updated guidance in its Policy Manual following the issuance of Executive Order 14201: “Keeping Men Out of Women’s Sports.” The directive, signed by President Trump, instructs the Department of Homeland Security (DHS) to implement immigration-related policies aimed at protecting the integrity of female athletics in the United States.

What’s Changing — And Why?

Effective immediately, USCIS will now consider biological sex as a factor in determining eligibility for certain nonimmigrant and immigrant visa categories when the petition or application is related to athletic competition in women’s sports. This change directly affects visa categories commonly used by athletes and individuals of exceptional or extraordinary ability, including:

• O-1A (Individuals with extraordinary ability in sciences, education, business, or athletics),
• EB-1A (E11) (Immigrants of extraordinary ability),
• EB-2 (E21) with National Interest Waivers (NIWs) (Individuals with exceptional ability or advanced degrees whose work is deemed in the national interest).

USCIS has clarified that biologically male athletes—regardless of gender identity—who seek to compete in women’s sports will no longer be eligible for visa benefits under these categories when the basis of their petition involves female athletic competition. According to USCIS, such individuals will not be considered to be:

• Continuing work in their field of extraordinary ability;
• Substantially benefiting the United States;
• Eligible for a waiver of the job offer and labor certification requirement under the NIW framework.

The agency has also stated that male athletes who have competed against women, including those who identify as transgender, may be negatively assessed in visa adjudications. Such participation may disqualify them from being considered “at the very top of the field,” which is a required threshold for several of the affected visa categories.

What This Means for Applicants

This policy has broad implications for athletes, agents, sports organizations, and sponsors seeking to bring athletes to the U.S. for competitive opportunities. Visa petitions currently pending, as well as any filed on or after the effective date of the policy, will be subject to the new guidance. The updated guidance in Volumes 2 and 6 of the USCIS Policy Manual is now controlling and supersedes any prior, conflicting guidance.

Petitioners must now take into account biological sex and the nature of the athletic competition in any visa application or petition involving female sports categories. Legal strategy, documentation, and evidence provided must reflect the new eligibility standards.

Our Advice to People of Extraordinary Ability Applying for O-1, EB-1, or NIW Petitions

For immigration practitioners and clients, this represents a substantial shift in adjudication standards and an area where careful legal analysis and documentation will be essential.

If you or your organization are considering filing an O-1, EB-1, or NIW petition for an athlete, or if you have a pending case potentially impacted by this policy, we encourage you to contact our office to discuss your options.

At Canadian Law Group, we closely monitor USCIS developments and advise clients on how new USCIS policies may affect current or future petitions for immigrant and non-immigrant visas.