On April 2, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it is updating the USCIS Policy Manual to recognize only two biological sexes, male and female, for all immigration-related benefits requests and documentation. Under the guidance, “USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.” The decision will impact a variety of key documents that the USCIS issues, including green cards, employment authorization documents, and naturalization certificates.

This move to binary sex recognition only is consistent with President Trump’s executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which he signed upon taking office on January 20, 2025. The order reverses the Biden Administration’s policy that permitted applicants to select a third gender identity option, “X” , on forms and identity documents.

The agency notes that benefits will not be denied “solely because the benefit requestor did not properly indicate his or her sex.” The caveat, however, is that USCIS will not issue documents with a blank sex field, “and does not issue documents with a sex different than the sex as generally evidenced on a birth certificate issued at the time of birth.” Therefore, delays in adjudication of immigration benefits are to be expected if “a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth.”