The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance in the USCIS Policy Manual following the release of Executive Order 14201, “Keeping Men Out of Women’s Sports.” This Executive Order directs the Department of Homeland Security to prevent the entry of male athletes seeking to compete in female athletic categories in the United States.
Effective immediately, USCIS has clarified how this executive directive will impact adjudications for the following visa categories:
- O-1A: Aliens of Extraordinary Ability
- EB-1A (E11): Aliens of Extraordinary Ability
- EB-2 (E21): Aliens of Exceptional Ability
- National Interest Waivers (NIWs)
Key Takeaways from the Policy Update:
- Male Participation in Women’s Sports: USCIS will consider it a negative factor if a male athlete has been competing in women’s sports when evaluating whether the individual qualifies as among the “small percentage at the top of their field.”
- Extraordinary Ability Eligibility: Male athletes who earned acclaim in male competitions and now seek to compete in female sports are not considered to be continuing in their field of extraordinary ability.
- National Interest Waivers: USCIS states that male athletes competing in women’s sports do not substantially benefit the United States and, therefore, do not qualify for a waiver of the job offer and labor certification requirements.
- Effective Date: The policy is in effect immediately and applies to all pending and new filings in the affected visa categories.
Legal Basis:
This policy change is reflected in the USCIS Policy Manual under:
- Volume 2: Nonimmigrants of Extraordinary Ability or Achievement (O-1A)
- Volume 6: Employment-Based Classifications – Extraordinary Ability, Exceptional Ability, and NIW provisions.
We encourage athletes, agents, sports organizations, and immigration professionals to review this guidance carefully when preparing petitions and applications involving international athletes.
If you have questions about how this policy may affect your visa strategy or athlete-related immigration plans, please do not hesitate to contact our office.
USCIS Policy Alert
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.