Overview

• USCIS guidance effective August 4 bars male athletes who have competed against women from O-1A, E11, E21 and national interest waiver visa categories.
• The policy directs USCIS officers to treat past participation against women as a negative factor in assessing extraordinary ability and national interest waiver petitions.
• The guidance avoids terms like “transgender” or “trans women,” referring only to “male athletes” to enforce eligibility restrictions in women’s sports.
• Issued under Executive Order 14201, the visa update follows NCAA and USOPC bans on transgender women in female competitions.
• The ruling could prompt Title IX and human rights lawsuits and potentially affect international athletes aiming for the 2028 Los Angeles Olympics.