Immigration Officials Issue US Visa Policy Update

Newsweek

2 days ago

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Immigration officials have issued new guidance on who should be allowed into the United States "to prevent the entry of male athletes seeking to compete in women's sports."
On Monday, the latest directive from the U.S. Citizenship and Immigration Services revealed that international transgender athletes will not be allowed to enter the U.S. to compete. Various visa options have now been closed off to them.
The move comes ahead of the U.S. hosting the 2028 Summer Olympics in Los Angeles. Last month, the U.S. Olympic and Paralympic Committee updated its guidelines to reflect that it will comply with President Donald Trump's executive order banning transgender athletes from the Games.
Newsweek reached out to the White House and the LGBTQ+ group Athlete Ally via email for comment outside of working hours.
President Donald Trump is joined by female athletes as he signs the 'No Men in Women's Sports' executive order at the White House on February 5, 2025.
President Donald Trump is joined by female athletes as he signs the 'No Men in Women's Sports' executive order at the White House on February 5, 2025.Why It Matters
The new immigration rules come amid an increasingly fierce debate about the rights of transgender athletes and their inclusion in women's sports.
Critics argue it is unfair for biological women to go head-to-head with trans women because they cannot compete on an even playing field. Some also have safety concerns, including fears that women could be at risk of serious injury in contact sports.
However, others argue that trans athletes should enjoy the same opportunity to participate in sport as anyone else, and insist that transgender rights are simply human rights.
Sports governing bodies and sports teams in schools across the U.S. have responded differently to the debate, resulting in a patchwork of various policies.
What To Know
The U.S. Citizenship and Immigration Services (USCIS) said it was "updating [its] policy" on August 4.
"U.S. Citizenship and Immigration Services is issuing guidance in the USCIS Policy Manual in alignment with Executive Order 14201, Keeping Men Out of Women's Sports, which directs the Department of Homeland Security to develop policies to prevent the entry of male athletes seeking to compete in women's sports," the agency said.
It added: " USCIS will affirmatively protect all-female athletic opportunities by granting certain athlete-related petitions and applications, that had previously been abused and offered to men, only to women, ensuring that male aliens seeking immigration benefits aren't coming to the U.S. to participate in women's sports."
The directive went on to lay out the particular visas that may be affected by the change, such as the O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, and the E21 aliens of exceptional ability.
USCIS said: "This policy update clarifies that USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field; USCIS does not consider a male athlete who has gained acclaim in men's sports and seeks to compete in women's sports in the United States to be seeking to continue work in his area of extraordinary ability; male athletes seeking to enter the country to compete in women's sports do not substantially benefit the United States; and it is not in the national interest to the United States to waive the job offer and, thus, the labor certification requirement for male athletes whose proposed endeavor is to compete in women's sports."
The policy is "effective immediately."
What People Are Saying
U.S. Citizenship and Immigration Services spokesperson Matthew Tragesser, in a press release: "Men do not belong in women's sports. USCIS is closing the loophole for foreign male athletes whose only chance at winning elite sports is to change their gender identity and leverage their biological advantages against women. It's a matter of safety, fairness, respect, and truth that only female athletes receive a visa to come to the U.S. to participate in women's sports. The Trump Administration is standing up for the silent majority who've long been victims of leftist policies that defy common sense."
LGBTQ+ group Athlete Ally, in a July 23 statement in response to news that the U.S. Olympic and Paralympic Committee plans to ban trans women from its female-category competitions: "This decision is yet another striking blow to that hope for a more inclusive and equitable solution and further contributes to the erasure of transgender people from existing safely in society. We mourn for the careers that will be lost because of this decision and for every transgender young person who will never have the opportunity to play sports because of this."
What Happens Next
The visa policy, effective immediately, includes pending requests, meaning trans athletes hoping to come to the United States to compete or train will no longer be allowed to do so. It remains to be seen whether there will be any legal challenges.