The U.S. Citizenship and Immigration Services (USCIS) has implemented a significant policy update that impacts how sex is recognized across all immigration-related documents and procedures. Effective April 2, 2025, the agency will now only recognize two biological sexes: male and female.
This policy shift aligns with the January 20 Executive Order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
What This Means for Applicants:
Under the new USCIS guidance:
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Sex will be determined based on what is listed on an official birth certificate issued at or near the time of birth.
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Immigration forms will no longer allow a blank field for sex, nor will they accept a designation different from the one recorded at birth.
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Applications that omit the sex field or provide an alternative sex designation may face processing delays.
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The policy applies immediately to all applications submitted or pending on or after April 2, 2025.
What Applicants and Legal Representatives Should Do Now:
If you are an immigration applicant, attorney, or advocate, it’s critical to:
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Review any pending applications for compliance with the new sex designation requirements.
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Prepare for potential documentation issues or delays if an application includes a sex marker different from the birth certificate.
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Adjust case strategies and client communications accordingly.
As USCIS enforces this updated policy, staying informed and proactive will help minimize delays and ensure that cases move forward smoothly.
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