The document outlines a policy update from USCIS that reaffirms the recognition of only two biological sexes, male and female, for benefit requests and related documentation.
This policy affects benefit requestors in the following ways:
- Recognition of Two Biological Sexes: USCIS now recognizes only two biological sexes, male and female, for purposes of adjudicating benefit requests and issuing documents. The previous option of a gender identity marker "X" has been revoked.
- Sex Determination Based on Birth Certificate: USCIS considers a person’s sex to be that which is generally evidenced on the birth certificate issued at or near the time of birth. If the birth certificate is missing or indicates a sex other than male or female, secondary evidence will be used.
- Document Issuance: USCIS-issued documents will reflect the sex consistent with the birth certificate issued at or near the time of birth, except when secondary evidence is deemed more appropriate. Documents will not have a blank sex field.
- Conflict Resolution: If there is a conflict between the sex indicated by the benefit requestor and the sex on the birth certificate, the birth certificate will be controlling unless secondary evidence is more appropriate. USCIS may notify requestors if a document reflects a sex different from what was indicated on the request.
- No Denial for Failure to Select Male or Female: USCIS will not deny benefits solely based on a failure to select male or female or a failure to indicate a sex consistent with the birth certificate or secondary evidence.
- Terminology Changes: The term "gender" has been replaced with "sex" throughout the Policy Manual, and related terms have been removed.
These changes apply to benefit requests pending or filed on or after April 2, 2025, and aim to ensure consistency in identity-based data collection and document issuance.
How does USCIS define a person’s sex?
USCIS defines a person's sex as the one generally evidenced on the birth certificate issued at or near the time of birth. If the birth certificate is missing or indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.
How does USCIS handle conflicts between indicated sex and birth certificates?
When there is a conflict between the sex indicated by the benefit requestor on the benefit request and the sex listed on the birth certificate issued at or near the time of birth, USCIS considers the birth certificate to be controlling. However, if secondary evidence is deemed more appropriate, USCIS may rely on that instead. Additionally, USCIS may provide notice to benefit requestors if it issues a document reflecting a sex different from what was indicated on the request.
What secondary evidence does USCIS accept for sex determination?
The document does not specify the types of secondary evidence USCIS accepts for sex determination. It only mentions that secondary evidence may be used when the birth certificate issued at or near the time of birth is missing or indicates a sex other than male or female.
How does USCIS verify a person’s identity?
USCIS verifies a person's identity by considering identifying information such as sex, which is generally evidenced by the birth certificate issued at or near the time of birth. If the birth certificate is missing or indicates a sex other than male or female, USCIS may rely on secondary evidence. This identity information is used to create secure documents and for screening and vetting purposes.
What is the historical context of USCIS’ sex recognition policy?
Historically, USCIS has required benefit requestors to choose between two sexes, “male (M)” or “female (F),” for purposes of its forms and associated secure documents. This approach aligns with Section 338 of the Immigration and Nationality Act (INA), which mandates that sex, not gender, appear on the Certificate of Naturalization. Additionally, INA 203(a) uses the terms “sons or daughters” to allocate immigrant visas, further relying on the recognition of two sexes.
In April 2024, USCIS introduced a gender identity marker of “X” as an additional option. However, this policy was revoked in April 2025 following the issuance of the "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government Executive Order" on January 20, 2025. USCIS returned to its historical policy of recognizing only two biological sexes, male and female, to ensure meaningful and useful identification for secure documents and data sharing with other U.S. government agencies.
How does USCIS define secondary evidence for sex?
The document specifies that USCIS will rely on secondary evidence to determine a person’s sex when the birth certificate issued at or near the time of birth is missing or indicates a sex other than male or female. However, it does not provide a detailed definition or examples of what constitutes secondary evidence. For further clarification, USCIS refers to Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)].
What kind of documents are considered primary evidence?
The document specifies that USCIS considers a person’s sex to be that which is generally evidenced on the birth certificate issued at the time of birth or issued near the time of birth. This birth certificate is regarded as primary evidence for determining sex. If the birth certificate is missing or does not indicate male or female, USCIS will rely on secondary evidence.