Immigration Blog

May 25, 2025

USCIS Updates Policy to Recognize Only Two Biological Sexes

USA Immigration Naturalization Citizenship Applications Closeup

On April 2, 2025, the U.S. Citizenship and Immigration Services (USCIS) implemented a significant update to its Policy Manual. This change reaffirms the federal agency’s recognition of only two biological sexes: male and female.

This update follows an executive order issued on January 20, 2025, titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. The order directs federal agencies to align with what it describes as “simple biological reality.”

What Does the New Policy Say?

Under the revised guidance, USCIS will determine a person’s sex based on what is listed on their birth certificate issued at or near the time of birth. If the sex listed is not male or female, the agency will turn to secondary evidence for clarification.

Key details include:

  • Only two sexes recognized: Male and female are the only sexes USCIS will acknowledge.
  • Birth certificate as primary evidence: The agency relies on the sex indicated on the birth certificate issued at or closest to the time of birth.
  • Secondary evidence may be used if the birth certificate does not indicate male or female.
  • Documents will not be issued:
    • With a blank sex field.
    • With a sex designation different from that on the birth certificate.
  • Benefit requests may be delayed if the sex listed by the applicant does not match official documentation.

Impact on Applicants

For individuals submitting requests to USCIS, this policy means:

  • Applications filed or pending after April 2, 2025, must align with this updated guidance.
  • There may be delays in processing if the submitted sex does not match the documented sex at birth.
  • USCIS may issue a notice of discrepancy if a document is created with a sex different from what the applicant requested.

Applicants and legal representatives are encouraged to review the updated manual and ensure all future submissions comply with the new guidance.

If you need immigration advice or have questions about any aspect of the immigration process, don’t hesitate to contact Bailey Immigration. Our experienced team is here to help. Call us today at 503-224-0950 for trusted guidance and support.