USCIS revises Policy Manual to restrict extraordinary-ability and national-interest-waiver visas for transgender women athletes

Implementing section 4(c) of EO 14201, USCIS announced a Policy Manual update (Volumes 2 and 6) titled "Revising Guidance for Pertinent Visa Categories to Keep Men Out of Women's Sports." Participation by a transgender woman in women's competition counts as a negative factor in judging whether an applicant is at the top of the field for O-1A, EB-1A (E11) and EB-2 (E21) classifications. Transgender women seeking to compete in women's sports are also barred from a National Interest Waiver. The update applied immediately to pending and new requests.