USCIS Updating Policy to Protect Women’s Sports

Policy enhancements aim to prevent aliens who are males from being authorized to participate in women’s sports in the United States

WASHINGTON— U.S. Citizenship and Immigration Services is issuing guidance in the USCIS Policy Manual in alignment with Executive Order 14201, Keeping Men Out of Women’s Sports, which directs the Department of Homeland Security to develop policies to prevent the entry of male athletes seeking to compete in women’s sports. USCIS will affirmatively protect all-female athletic opportunities by granting certain athlete-related petitions and applications, that had previously been abused and offered to men, only to women, ensuring that male aliens seeking immigration benefits aren’t coming to the U.S. to participate in women’s sports.

USCIS has clarified eligibility for certain visa categories: O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, E21 aliens of exceptional ability, and for national interest waivers (NIWs), to guarantee an even playing field for all women’s athletics in the United States.

“Men do not belong in women’s sports. USCIS is closing the loophole for foreign male athletes whose only chance at winning elite sports is to change their gender identity and leverage their biological advantages against women,” said USCIS Spokesperson Matthew Tragesser. “It’s a matter of safety, fairness, respect, and truth that only female athletes receive a visa to come to the U.S. to participate in women’s sports. The Trump Administration is standing up for the silent majority who've long been victims of leftist policies that defy common sense."

This policy update clarifies that USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field; USCIS does not consider a male athlete who has gained 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; male athletes seeking to enter the country to compete in women’s sports do not substantially benefit the United States; and it is not in the national interest to the United States to waive the job offer and, thus, the labor certification requirement for male athletes whose proposed endeavor is to compete in women’s sports.

The guidance, in Volumes 2 and 6 of the USCIS Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after the publication date, is controlling, and supersedes any related prior guidance.