On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to reflect a return to a binary definition of biological sex, in accordance with a new executive directive from the White House. The change is part of the broader implementation of the Executive Order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” issued on January 20, 2025.

Under this updated policy, USCIS now formally recognizes only two biological sexes — male and female — as generally evidenced by a person's birth certificate issued at or near the time of birth. This marks a significant shift from prior practices that allowed for greater flexibility in how gender identity was considered in immigration documentation.

Key Takeaways from the New Policy:

• Recognition of Sex: USCIS now considers a person's sex to be that which is listed on a birth certificate issued at or nearest to the time of birth. If this document is unavailable or ambiguous, secondary evidence may be used.

• Document Issuance: USCIS will no longer issue documents:

  • With a blank sex field, or

  • Reflecting a sex other than the one evidenced by the birth certificate issued at or near the time of birth.

• Impact on Processing: While USCIS will not deny benefits solely due to sex designation discrepancies, failure to align with the policy may result in processing delays. Applicants may receive notices if a USCIS document is issued with a sex different from the one requested.

• Immediate Effect: This guidance applies to all pending and new benefit requests as of April 2, 2025, and supersedes any previous guidance.

This policy is being framed by the Department of Homeland Security as part of a broader effort to align federal agencies with what it calls “biological reality.” In a statement, DHS Assistant Secretary for Public Affairs Tricia McLaughlin emphasized that this is a matter of “common sense” and national security, not an arena for ideological debates.

What This Means for Immigration Benefit Seekers

Individuals applying for immigration benefits — such as green cards, employment authorization, or citizenship — should ensure that all biographical data, including sex designation, is consistent with their birth certificate. If your identity documents or prior immigration filings reflect a different sex designation, you should be prepared for possible Requests for Evidence (RFEs) or delays.

At Saluja Law, we understand that this policy change may raise concerns for many, especially those in the LGBTQ+ community and others with non-traditional gender identities. Our team is committed to helping you navigate these updates with clarity, discretion, and respect.

If you have questions about how this change affects your case or need assistance updating or preparing your immigration documents, please don't hesitate to contact us.