U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to align with Executive Order (EO) 14201, Keeping Men Out of Women’s Sports. The EO, issued on February 5, 2025, directed the Secretary of Homeland Security to develop policies to prevent the entry of male athletes seeking to compete in women’s sports.
This update clarifies how the EO impacts eligibility for certain classifications. Specifically, this update revises guidance relating to the following visa categories:
- O-1A aliens of extraordinary ability,
- E11 aliens of extraordinary ability,
- E21 aliens of exceptional ability,
- and national interest waivers (NIWs).
Policy Highlights
- Clarifies that, with respect to demonstrating extraordinary ability in athletics in both the nonimmigrant and immigrant classifications, USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the athlete is among the small percentage at the very top of the field.
- Explains that USCIS does not consider a male athlete who has gained the necessary acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability for both the relevant nonimmigrant and immigrant classifications.
- Provides that, for the immigrant of extraordinary ability classification and the exceptional ability classification, male athletes seeking to enter the United States to compete in women’s sports do not substantially benefit prospectively the United States.
- Clarifies that it is not in the national interest to the United States to waive the job offer and, thus, the labor certification for male athletes whose proposed endeavor is to compete in women’s sports.
- As part of this update, USCIS is incorporating previously published NIW content into Volume 6, Part F, Chapter 5 of the Policy Manual.
This guidance, published on August 4, 2025, in Volumes 2 and 6 of the Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after the publication date. The guidance contained in
the Policy Manual is controlling and supersedes any related prior guidance.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.