Understanding the New Policy Changes
In early 2025, the U.S. government issued two significant executive orders that impact how gender markers are recorded on visas and passports:
- Executive Order 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
- Executive Order 14201: Keeping Men Out of Women’s Sports.
These orders require that all U.S. visa and passport applicants reflect their biological sex at birth—not their current gender identity—on official documents. This change affects how the Department of State (DOS) processes applications, including updates to the Foreign Affairs Manual (FAM) and visa adjudication procedures.
What Changed?
- Visa and passport applications (e.g., DS-160, DS-260, DS-11, DS-82) must now reflect sex assigned at birth, not gender identity.
- Passports and visas already issued with gender markers differing from sex at birth remain valid until expiration but cannot be renewed with the previous marker under the new rules.
- For individuals whose passports do not list male or female (e.g., non-binary markers), officers are instructed to confirm sex at birth through documentation like birth certificates.
- Visa officers may request additional evidence and refuse applications temporarily under INA 221(g) until the applicant’s sex at birth is confirmed.
Under EO 14201, any visa applicant traveling to the U.S. to participate in athletic competitions must prove that the event organizer allows participation based on their biological sex at birth. If this is unclear or unverified, the visa can be refused until the applicant provides the necessary documentation.
Applicants suspected of misrepresenting their sex or purpose of travel may be subject to ineligibility findings under INA section 212(a)(6)(C)(i), which covers material misrepresentation or fraud.
What If Your Documents Show a Different Gender Marker?
- If the sex marker on your foreign passport differs from the marker required by U.S. regulations, visa officers are instructed to verify your sex at birth.
- If verification cannot be made during the interview, consular officers may issue a refusal under INA 221(g) while requesting more documentation, such as birth certificates.
Are Current Passports and Visas Still Valid?
Yes—for now. Existing documents remain valid until they expire, but renewals will need to comply with the new requirements. According to AILA, further DOS updates are expected in the coming months.
These changes create uncertainty for many international travelers, including transgender and non-binary individuals, athletes, students, and professionals. Applying for a visa now involves an added layer of scrutiny regarding personal identity documentation.
Our team at Zhang-Louie PLLC stays current on every policy change that affects our clients. We regularly help individuals navigate complex consular processes and ensure that their applications comply with evolving U.S. immigration rules.
If you are concerned about how these Executive Orders could affect your visa or passport application—whether you’re an athlete, entrepreneur, student, or professional—we’re here to help you:
- Understand the new documentation requirements.
- Prepare comprehensive applications with the right supporting evidence.
- Respond effectively to requests for additional information or refusals under INA 221(g).
We are here to help you!
