Pursuant to the Jan. 20, 2025, executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, USCIS is updating the USCIS Policy Manual to clarify that the agency will only recognize two biological sexes, male and female. USCIS will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.
What to Expect
- Under this guidance, USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.
- If a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.
- USCIS may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.
- The updates to Volumes 1, 11, and 12 of the Policy Manual are effective immediately and applies to benefit requests pending or filed on or after April 2, 2025. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.