USCIS Policy Now Defines Two Biological Sexes: Male and Female

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Key Takeaways

• USCIS policy, effective April 2, 2025, recognizes only biological sexes, male and female, based on birth certificate records.
• Previous “X” gender marker options and gender-identity references are removed, with strict adherence to documented sex for benefits.
• Applicants may face processing delays if sex differs from birth records; secondary evidence required if primary records are unavailable.

The U.S. Citizenship and Immigration Services (USCIS) has announced a significant shift in policy by officially recognizing only two biological sexes—male and female—for immigration benefits and documents. This update, effective immediately from April 2, 2025, aligns USCIS with the executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” issued on January 20, 2025. The policy changes aim to bring USCIS procedures back to their historical approach while emphasizing identification based on biological sex as determined at birth.

Framework for the Policy Update

USCIS Policy Now Defines Two Biological Sexes: Male and Female

Tricia McLaughlin, the Department of Homeland Security’s Assistant Secretary for Public Affairs, vocalized strong support for the update. She viewed it as President Trump’s pledge to restore policies grounded in “biological reality.” According to USCIS, the policy impacts both benefits adjudication and the issuance of immigration documents, replacing previous provisions that allowed a third gender marker, “X,” introduced in April 2024. Furthermore, all references to “gender,” including supporting medical certifications for gender identity, have been removed throughout the USCIS Policy Manual.

The policy defines a person’s sex as that which is noted on their birth certificate issued at or near the time of birth. Alternatively, when this document is unavailable or unclear, secondary evidence will be used. Secondary evidence refers to supporting documents or records, often less authoritative, used when a primary record like a birth certificate cannot be obtained. This clarification reinforces the USCIS intent to use concrete, reliable identity markers in all immigration-related functionalities, including cooperation with other federal agencies.

Adjustments in Document Issuance and Adjudication

While the policy update underscores a straightforward stance on recognizing the two biological sexes, it does not mean USCIS outright denies benefit requests for individuals whose indicated sex does not align with their birth certificate. However, the recognition of only biological sexes means that practical challenges could arise for individuals who selected “X” as a gender marker on previous records under earlier policies. USCIS will not issue documents with a blank sex field or a marker differing from what is officially evidenced on a birth certificate at birth unless suitable secondary evidence supports otherwise.

The policy also accounts for possible delays in case processing. If requestors fail to specify their sex or provide a sex inconsistent with their documented birth certificate, they may face procedural delays in resolving their application. In cases where a submitted benefit request indicates a sex differing from the birth certificate, USCIS will notify applicants if documents are issued reflecting the sex on the official birth record rather than the one specified by the applicant.

USCIS’s approach ensures that its secure identity documents align precisely with the standards used to screen, vet, and process applicants. This meticulousness reinforces confidence in identity-based information shared with collaborative federal agencies. For further improvement, USCIS will continue to update documents and forms related to naturalization, certificates, and personal identification matters.

Primary and Secondary Evidence in Practice

Evidence plays a vital role in determining eligibility for immigration benefits under the USCIS framework. In most cases, primary evidence such as a government-issued birth certificate is required to confirm details like biological sex. When this essential document is unavailable or unreliable, secondary evidence must be furnished. For example, secondary evidence might include religious records documenting births or affidavits from individuals with direct knowledge of a person’s birth.

However, for certain categories, including asylum and refugee applications, oral testimony may suffice to meet evidentiary standards. USCIS officers are tasked with carefully evaluating the accuracy, reliability, and sufficiency of primary or secondary evidence submitted with benefit requests. Importantly, applicants are responsible for demonstrating the unavailability of primary evidence. They must provide written statements from issuing authorities explaining why a record cannot be obtained. In instances where both primary and secondary evidence are unavailable, the applicant must submit affidavits from persons with firsthand knowledge.

The update specifies that primary evidence must be corroborated by affidavits or repeated attempts when it is presumed to be unavailable. For instance, if the U.S. Department of State’s reciprocity schedule indicates that a birth certificate is generally available in a specific country, the applicant must overcome the presumption of ineligibility if they claim that such evidence is unavailable. This practice ensures that USCIS can continue robust vetting processes without exceptions.

Additionally, USCIS highlights situations where existing primary evidence may be unreliable. Examples of such situations include fraudulent records or inconsistent document issuance standards in specific countries. In such cases, secondary evidence or even interviews may be necessary to satisfy legal requirements.

Implications of the Policy Revisions

The revised policy has wide-ranging implications, particularly for individuals and organizations operating within the immigration system. By removing references to gender identity and streamlining documentation requirements to reflect only male or female sexes, USCIS now takes a more simplified yet rigid approach.

For applicants:

Individuals who do not identify with their sex assigned at birth may face setbacks in processing immigration benefits due to additional evidentiary requirements or mismatched details between previous USCIS-allowed designations and their current status.
New applicants and beneficiaries of USCIS services must closely align their documentation to match primary records like their birth certificate to avoid lengthy delays or Requests for Evidence (RFEs).

For immigration professionals:

Immigration attorneys and advocates must ensure comprehensive preparation for evidentiary submissions, providing a written explanation when records are unavailable and following up with secondary evidence or affidavits as mandated by law.
The policy change requires careful advisement on how to manage discrepancies between personal identification markers adopted by some individuals and the strict binary classification USCIS now enforces.

For employers:

Businesses filing employment-based immigration applications (e.g., H-1B petitions) may need to address potential challenges for beneficiaries whose identity documentation no longer adheres to their stated gender identity.

Alignment with the Executive Order

The policy aligns with broader directives initiated under President Trump’s 2025 executive order emphasizing the maintenance of biological standards across federal systems. USCIS states that its return to historical recognition of only two biological sexes is driven by the necessity to maintain systemic consistency in data sharing and identity verification. As reported by VisaVerge.com, the repeal of the 2024 policy incorporating a third option for gender markers aims to reinforce coherent vetting protocols and prevent confusion when cross-referencing data between agencies.

Furthermore, specific sections of the Immigration and Nationality Act directly rely on biological distinctions in defining terms such as “sons” or “daughters,” underscoring an established reliance on this binary classification framework. USCIS has emphasized that changes in the Policy Manual also reflect statutory consistency within the INA language.

Transition and Guidance Updates

USCIS has embedded detailed guidance for officers and applicants in its Policy Manual. Sections affected by the change touch on various aspects of citizenship, naturalization, and documentation procedures. Each volume of the manual—from General Policies and Procedures to Certificates of Naturalization—has been revised to ensure a unified framework for implementing this update. Importantly, the removal of terms related to gender identity throughout the manual formalizes USCIS’s declaration to focus solely on biological sex in its practice moving forward.

To mitigate potential disruptions caused by this policy shift, USCIS has begun notifying stakeholders on issues related to procedural delays, evidence requirements, and adjudications standards.

Conclusion

With the emphasis now placed on male and female sexes as outlined in birth records, the USCIS policy updates represent a significant restructuring of its operational standards. Immigration attorneys, employers, and applicants must proactively adapt to these changes to ensure compliance and avoid delays in immigration processes. Since the guidance applies to new and pending benefits filed as of April 2, 2025, early preparation will be key for smooth processing. For the most authoritative guidance, stakeholders are encouraged to reference the updated USCIS Policy Manual and official announcements available through USCIS.gov. Immigration professionals and applicants are advised to consult directly with USCIS or specialized legal counsel to address any specific challenges tied to individual circumstances.

Learn Today

USCIS (U.S. Citizenship and Immigration Services) → The U.S. agency responsible for managing immigration benefits, citizenship, and related documentation and procedures.
Secondary evidence → Supporting documents used when primary evidence, like a birth certificate, is unavailable or deemed unreliable for immigration processes.
Requests for Evidence (RFEs) → Formal USCIS notices asking applicants to provide additional documentation to resolve missing or unclear information in applications.
Adjudication → The process by which USCIS reviews and makes official decisions on immigration applications and benefit requests.
Immigration and Nationality Act (INA) → The foundational U.S. law that governs immigration policies, procedures, and the classification of individuals.

This Article in a Nutshell

USCIS now recognizes only two biological sexes—male and female—for immigration benefits, aligning with a 2025 executive order. This policy reverts to sex recorded at birth, removing the “X” designation. Applicants must ensure documentation matches birth records to avoid delays, signaling significant shifts in immigration procedures focused on biological identity.
— By VisaVerge.com