USCIS Implements Visa Restrictions on Transgender Athletes in Women's Sports

On August 4, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced a policy update restricting visa eligibility for transgender women seeking to compete in women's sports. This change affects visa categories such as O-1A for individuals with extraordinary ability, EB-1 and EB-2 green cards for highly skilled workers, and national interest waivers. USCIS will now consider the participation of transgender women in women's sports as a negative factor in visa decisions.

USCIS spokesperson Matthew Tragesser stated that the policy aims to ensure fairness and safety in women's athletics, asserting that only biological females should be eligible for such sports visas. This policy aligns with broader actions by President Donald Trump's administration, including the February 2025 executive order titled "Keeping Men Out of Women's Sports." The United States Olympic & Paralympic Committee also recently revised its policies to comply with this order. While proponents believe these measures protect women's sports, critics argue they violate the rights of transgender athletes.

The USCIS policy update is a direct implementation of Executive Order 14201, titled "Keeping Men Out of Women's Sports," signed by President Donald Trump on February 5, 2025. This executive order directs federal agencies to enforce a ban on transgender females in female sports, extending from school levels to international competitions, including the Los Angeles 2028 Olympics. The order mandates that all government agencies enforce this ban, emphasizing the administration's stance that only biological females should participate in women's sports.

Visa Eligibility Clarifications

The USCIS policy update clarifies eligibility for certain visa categories:

• O-1A Visa: For individuals with extraordinary ability.
• EB-1 and EB-2 Green Cards: For highly skilled workers.
• National Interest Waivers (NIWs): Allowing certain foreign nationals to seek a waiver of the job offer requirement.

The policy specifies that the participation of transgender women in women's sports will be considered a negative factor in visa decisions. USCIS spokesperson Matthew Tragesser stated, "Men do not belong in women's sports. USCIS is closing the loophole for foreign male athletes whose only chance at winning elite sports is to change their gender identity and leverage their biological advantages against women."

Related Actions by the Trump Administration

This policy update is part of a series of actions by the Trump administration aimed at restricting the participation of transgender individuals in various sectors:

• Executive Order 14168: Issued on January 20, 2025, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," this order withdraws federal recognition for transgender people and mandates that federal departments recognize gender as an immutable male-female binary.
• USOPC Policy Change: The United States Olympic & Paralympic Committee (USOPC) has aligned its policy with Executive Order 14201, barring transgender women from competing in women's sports. The policy change, outlined in an update to the USOPC's Athlete Safety Policy, follows the executive order and references the Ted Stevens Olympic & Amateur Sports Act.

Debate and Legal Concerns

The USCIS policy update has sparked significant debate:

• Proponents' Viewpoint: Supporters argue that these measures are necessary to protect the integrity and fairness of women's sports, ensuring that biological females have equal opportunities to compete without perceived disadvantages.
• Critics' Perspective: Opponents contend that the policy discriminates against transgender individuals, violating their rights and potentially leading to broader exclusionary practices. Organizations like Immigration Equality have condemned the USCIS policy, stating it is a blatant attack on the dignity, safety, and rights of transgender immigrants.

The policy update raises several legal and international concerns:

• Title IX Implications: The policy's alignment with the administration's interpretation of Title IX, which bars sex-based discrimination, is contentious. Legal experts anticipate challenges arguing that the policy may overstep presidential authority and violate constitutional protections.
• International Sports Regulations: The policy conflicts with the International Olympic Committee's (IOC) stance, which allows federations to set their rules for transgender participation. The administration's directive to the State Department to pressure the IOC to amend its standards ahead of the 2028 Los Angeles Olympics adds complexity to international sports diplomacy.

As the policy takes effect, its impact on visa applicants and the broader athletic community remains to be seen. The intersection of immigration policy, athletic participation, and transgender rights continues to be a contentious and evolving issue in the United States.