USCIS Updates Policy to Recognize Two Biological Sexes

USCIS announced that it is updating its guidance to reflect that it recognizes only two biological sexes, male and female, consistent with President Trump’s 1/20/25 Executive Order (EO), “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” 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. This guidance, contained in Volumes 1, 11, and 12 of the Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after 4/2/25.

Related Resource:

• Executive Order on Women and Gender (90 FR 8615, 1/30/25) Presidential Documents
• USCIS Policy Alert: Recognizing Male and Female Sexes in USCIS Benefit Requests Review and Document Issuance (4/2/25)