Overview

• USCIS issued guidance on August 4 updating the Policy Manual to block transgender women from obtaining O-1A, EB-1, EB-2 and national interest waiver visas for athletics.
• By citing fairness, safety and national interest, USCIS deems male athletes who have competed against women as ineligible for extraordinary ability benefits.
• The new rules apply immediately to petitions filed or pending and supersede previous guidance, closing what officials called a loophole for competitors changing gender identity.
• USOPC and national federations adopted birth-gender eligibility rules in July to align sports governance with the federal directive ahead of the 2028 Los Angeles Olympics.
• The number of affected athletes remains uncertain but NCAA president Charlie Baker estimates fewer than 10 international transgender competitors could be impacted.