U.S. Citizenship and Immigration Services (USCIS) announced Wednesday it will no longer offer a third gender option on its forms, reversing a policy introduced under the Biden administration.
The agency said it is updating the USCIS Policy Manual “to clarify that it only recognizes two biological sexes — male and female.” The move follows an executive order directing federal agencies to base policy on the understanding that sex is “immutable” and determined at birth.
DHS: Gender Inclusion Not Part of Immigration Priorities
Under the new guidance, USCIS defines a person’s sex based on what is “generally evidenced” on their birth certificate issued at or nearest to the time of birth. If that document lists a sex other than male or female, USCIS says it will consider secondary evidence — such as medical records or other government-issued documents—to determine how to classify the applicant’s sex.
“President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality,” Tricia McLaughlin, Department of Homeland Security Assistant Secretary for Public Affairs, said in a statement. “Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being.”
Under the Biden administration, USCIS allowed individuals to select an “X” gender marker on forms, regardless of the gender or sex listed on their identity documents. That option was intended to make the immigration process more inclusive for nonbinary and transgender applicants.
What This Means for Applicants
Applicants who do not identify strictly as male or female may now face difficult choices when filling out USCIS forms. While USCIS says it will not deny an application solely because a person failed to properly indicate a sex on the form, choosing a sex that differs from what’s on your birth certificate (or not selecting a sex at all) could delay the processing of your application.
In some cases, USCIS may issue a document with a sex marker that does not match the one requested.
Here are some things to keep in mind:
- Use what’s on your original birth certificate: Choose the gender that matches the marker on your birth certificate. This may reduce the risk of delays or denials.
- Secondary evidence may be required: If your birth certificate lists a nonbinary marker or another designation, be prepared to submit additional documents that show how your sex has been recorded elsewhere.
- If you’ve already submitted a form with an “X” marker: You may receive a notice if USCIS updates your documents with a different sex marker than what you selected.
This policy is effective immediately and applies to all immigration application pending or filed on or after April 2, 2025.