Immigration petitions tied to athletic visas are facing new scrutiny. U.S. Citizenship and Immigration Services (USCIS) has implemented new policy guidance to ensure that women’s athletic opportunities in the United States are preserved from biological male interference.
In response to Executive Order 14201, Keeping Men Out of Women’s Sports, USCIS has revised its Policy Manual to reflect the government’s position that athletic visa benefits intended for female athletes must be reserved exclusively for biological women.
The move follows growing national debate over the participation of male-born athletes in women’s competitive sports. USCIS has now made it clear: athlete-related visa categories that were once open to all applicants will no longer remain unrestricted. Male athletes seeking to enter and compete in women’s divisions under gender self-identification will no longer be accommodated.
USCIS Aligns Immigration Policy with Executive Order 14201
Under the direction of Executive Order 14201, signed in early 2025, the Department of Homeland Security was instructed to strengthen federal immigration standards to protect the integrity of women’s sports. USCIS has taken the lead by updating its internal rules across key visa categories, ensuring they reflect biological sex as a basis for eligibility when assessing athlete credentials.
The affected visa classifications include:
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O-1A: Individuals with extraordinary ability in athletics
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EB-1A (E11): Immigrants of extraordinary ability
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EB-2 (E21): Immigrants with exceptional ability
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National Interest Waivers (NIW): Petitions that waive the job offer and labor certification requirement if the work benefits the U.S.
In these cases, male athletes who have competed — or intend to compete — against women will face heightened scrutiny or outright ineligibility.
Why USCIS Is Closing Loopholes for Male Athletes
USCIS spokesperson Matthew Tragesser stated clearly, “Men do not belong in women’s sports.” According to Tragesser, recent misuse of athlete-related visa petitions by biological men aiming to enter the U.S. to compete in women’s divisions presented a serious breach of fairness and athletic integrity.
The new guidance closes loopholes that previously allowed male athletes to change their gender identity and apply under female categories—effectively leveraging physical advantages in competitions where fairness depends on biological parity.
USCIS has now codified that:
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A male athlete’s participation in women’s sports is a negative factor when evaluating whether the athlete is in the top percentile of their field.
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A male athlete with credentials in men’s sports cannot claim that competing against women continues their work in the same field of extraordinary ability.
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Male athletes do not offer substantial benefit to the United States if their purpose is to compete in women’s sports.
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It is not in the national interest to waive labor certifications for such athletes under the NIW category.
Impact on O-1, EB-1A, EB-2 and NIW Petitions
The new USCIS guidelines significantly reshape how petitions will be evaluated across several immigration paths tied to athletic performance and national interest.
| Visa Type | Previous Policy | New USCIS Guidance |
|---|---|---|
| O-1A | Based on international acclaim in athletics, regardless of sex-based division | Biological sex must match the competitive category. Male athletes applying to compete in women’s sports are not eligible. |
| EB-1A (E11) | Focused on top percentile achievement in sports | USCIS may deny petitions if acclaim came from cross-sex competition or sex-based reclassification. |
| EB-2 (E21) | Considered exceptional ability in athletics broadly | Male athletes competing against women will not be viewed as exceptionally beneficial. |
| National Interest Waiver | Granted when athlete’s work benefits the U.S. | Competing in women’s sports as a male-born athlete does not qualify as a national interest benefit. |
The update clarifies that USCIS aims to affirm the competitive integrity of American athletics by evaluating immigration petitions within the framework of biological sex—not self-identification.
Policy Enforcement and Effective Date
The updated guidance is now in effect. It applies to:
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All benefit requests pending as of the publication date
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All new filings submitted on or after the effective date
This update is formally incorporated in Volumes 2 and 6 of the USCIS Policy Manual. The agency has declared this guidance as controlling and overriding any previous interpretations that conflicted with it.
This means adjudicators at USCIS must immediately apply this revised interpretation when reviewing visa petitions involving athletes. Applicants and immigration lawyers should review the new language closely to avoid denials based on outdated expectations.
What the Policy Means for Immigration Professionals and Athletes
The implications are broad. Male-born individuals applying for athlete-related immigration benefits must now demonstrate eligibility strictly within the context of their biological sex, especially if their claim involves participation in sports traditionally reserved for women.
Immigration professionals filing O-1, EB-1, or NIW petitions for athletes must:
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Clearly identify the athlete’s biological sex
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Provide evidence of acclaim and achievement in a matching-sex category
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Avoid basing any part of the petition on performance in cross-sex competition
The USCIS update will also affect universities, sports organizations, and international training academies that support foreign athletes seeking U.S. residency or temporary status.
Failure to comply with the new framework may lead to delays, denials, or requests for evidence (RFEs) that increase legal costs and reduce chances of success.
Critics and Supporters Weigh In
While the policy has drawn criticism from advocacy groups who argue it enforces exclusionary practices, many in the athletic and immigration fields see the move as restoring integrity to the visa process.
Sports organizations, parents, and female athletes have long voiced concern over male-bodied individuals entering competitions where fairness is determined by biology—not gender ideology.
For years, some visa applicants manipulated lenient gender identity policies to secure positions in female leagues, where their performance artificially inflated athletic credentials. The new USCIS framework prevents such abuse and puts female athletes back at the center of women’s sports.
Consult With an Immigration Attorney Today
Petitioning for an athletic visa is already complex. With this policy change, it becomes even more important to get the details right—especially for athletes in gendered divisions.
Maple Crest Immigration helps athletes, coaches, and organizations navigate the updated USCIS requirements with clarity, precision, and compliance. Our legal team ensures your petition is airtight and aligned with the latest agency guidelines. If you’re planning to file or update a petition under O-1, EB-1A, EB-2, or NIW categories, we’re here to help.
Don’t risk your future in sports or immigration status. Schedule a consultation today with Maple Crest Immigration
