USCIS Updates Policy on Participation in Women’s Sports

The U.S. Citizenship and Immigration Services (USCIS) announced an update to its Policy Manual aimed at establishing clear guidelines regarding the participation of foreign athletes in women’s sports.

The measure aligns with Executive Order 14201, titled “Excluding Men from Women’s Sports”, which instructs the Department of Homeland Security to implement policies preventing the entry of male athletes seeking to compete in female sports categories.

You can also read: “DHS Recognizes Victims of Crimes Committed by Undocumented Immigrants“

Objective of the Update

USCIS stated that the policy seeks to ensure that opportunities in women’s sports remain exclusively for women, preventing the misuse of immigration benefits by male athletes. The update specifies eligibility criteria for certain visa categories, including:

• O-1A: Foreign nationals with extraordinary ability.
• E11: Foreign nationals with extraordinary ability in the workforce.
• E21: Foreign nationals with exceptional ability.
• National Interest Waivers (NIW).

These modifications apply to pending applications as well as those filed from the date of publication onward.

Key Points of the New Guidance

According to the published guidance, USCIS may consider it a negative factor if a male athlete has competed against women in the past when evaluating whether he belongs to the small pool of elite athletes in his field.
Additionally, it establishes that:

• Recognition obtained in men’s sports will not be considered as continued work in the area of extraordinary ability if the purpose is to compete in women’s sports.
• USCIS does not consider that the participation of male athletes in women’s sports substantially benefits the United States.
• A national interest waiver will not be granted in such cases, thereby maintaining the requirements of a job offer and the corresponding certification.

Immediate Implementation

The new guidance, contained in Volumes 2 and 6 of the USCIS Policy Manual, takes immediate effect and replaces any previous provisions related to this matter. For more information about USCIS and its programs, visit the official website at uscis.gov or follow its channels on X, Instagram, YouTube, Facebook, and LinkedIn.

From: https://www.uscis.gov/newsroom/news-releases/uscis-updating-policy-to-protect-womens-sports

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