This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On August 4, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert, effective immediately, to prevent trans women from entering the United States to participate in women’s sports. The alert, which characterizes trans women as “male,” clarifies how Executive Order 14201, Keeping Men Out of Women’s Sports, affects eligibility for certain visa classifications. Specifically, USCIS said, the alert “revises guidance relating to the following visa categories: O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, E21 aliens of exceptional ability, and national interest waivers (NIWs).”
The alert clarifies how extraordinary ability and exceptional ability will be determined with respect to trans women athletes. For example, the alert states that “with respect to demonstrating extraordinary ability in athletics in both the nonimmigrant and immigrant classifications, USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field.” Also, USCIS “does not consider a male athlete who has gained the necessary acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability for both the relevant nonimmigrant and immigrant classifications.” The alert provides that for the extraordinary ability and exceptional ability classifications, “male athletes seeking to enter the United States to compete in women’s sports do not substantially benefit prospectively the United States.” The alert also clarifies that “it is not in the national interest to the United States to waive the job offer and, thus, the labor certification for male athletes whose proposed endeavor is to compete in women’s sports.”
