Effective immediately, March 31, 2023, USCIS is revising policy guidance in the USCIS Policy Manual to clarify that benefit requestors may select their gender on nearly all USCIS forms (or change a prior gender selection) without the need to specifically provide or match supporting documentation.
Need to Know
- This update applies to initial benefit requests and requests to change gender markers on USCIS-issued documents after the initial submission.
- This policy manual update does not apply to Form N-565, Application for Replacement Naturalization/Citizenship Document. Individuals requesting to change their gender marker on a previously issued Certificate of Naturalization or Certificate of Citizenship must submit Form N-565 with documents supporting their request to change their gender marker. See 8 CFR 103.2(a)(1).
- Currently, the only gender markers available are “Male” (M) or “Female” (F). However, DHS is working on options to include an additional gender marker (“X”) for another or unspecified gender identity.
Benefit requestors seeking to change their gender marker after their initial filing should refer to the Updating or Correcting Your Documents webpage.
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.