Overview
- USCIS guidance effective August 4 treats prior competition against women by male-born athletes as a negative factor in O-1A, EB-1, EB-2 and NIW visa assessments.
- The policy enforces President Trump’s February executive order by embedding the transgender sports ban into federal immigration rules.
- Guidance takes effect immediately for all pending and new applications, overriding any previous USCIS policy manual provisions.
- The visa restrictions mirror recent USOPC and NCAA rulings that prohibit transgender women from competing in female sports divisions.
- Advocates are preparing constitutional and human-rights legal challenges and warn the move could sideline transgender athletes targeting the 2028 Los Angeles Olympics.