U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to clarify that it now recognizes only two biological sexes: male and female. This policy change follows the January 2025 executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which emphasizes biological sex distinctions. The update aligns with the administration’s stance, returning to a historical policy of determining sex based on the birth certificate issued at or nearest to birth.
Under the new guidance, USCIS will base its determination of sex on the birth certificate unless it lists a sex other than male or female, in which case secondary evidence may be considered. The agency will not deny benefits solely because a sex has been indicated incorrectly. However, if there is a discrepancy between the sex listed on the birth certificate and the one indicated in the benefit request, delays in processing may occur, and USCIS will not issue documents with a sex that differs from what is shown on the birth certificate.
This policy is effective immediately for all benefit requests filed or pending on or after April 2, 2025, and supersedes any prior related guidance. USCIS will notify benefit requestors if any documents issued reflect a sex different from what was indicated in the request.
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USCIS Updates Policy to Recognize Two Biological Sexes | USCIS
