U.S. Citizenship and Immigration Services (USCIS) changed how gender markers are recorded on immigration forms. Since April 2, 2025, applicants do not have an option to select a third gender option (“X”) on USCIS documents. Instead, the agency now recognizes only two sex classifications: male and female.
Why the Change?
This update follows a federal executive order issued on January 20, 2025, which instructed federal agencies to adopt a consistent approach to defining sex based on biological characteristics observed at birth. In line with that order, the USCIS has modified its policy and will determine a person’s sex by what is listed on their birth certificate issued ‘at’ or ‘near’ the time of birth.
If a birth certificate does not list a sex as either male or female, or lists something different, the USCIS will use additional documentation, such as medical records or other official government documents, to determine the applicant’s sex classification.
The official announcement and details can be found on the USCIS website.
What Applicants Should Know
For those submitting or with pending immigration applications, here are key takeaways from the updated guidance:
- Use the Birth Certificate as a Reference
Applicants are encouraged to select the sex (male or female) listed on their original or earliest birth certificate. Doing so may help reduce the risk of processing delays or requests for additional documentation.
- Secondary Evidence May Be Needed
If your birth certificate includes a nonbinary marker, or does not clearly indicate male or female, the USCIS may request supporting documents that show how your sex has been recorded elsewhere.
- Applications Will Not Be Denied Based on the Gender Marker Alone
The USCIS has clarified that it will not deny an application solely because the gender marker was inconsistent with birth or other records. However, applications with mismatched or missing gender markers are likely to face delays.
- Documents Will Reflect Recognized Sex Categories Only
The agency will not issue documents with a blank gender field or with a gender designation that differs from what is shown on the birth certificate or approved secondary documents.
- Applicants May Receive Notice of Changes
If you’ve already submitted a form using the “X” marker, the USCIS may issue a document that instead lists either male or female, based on available, supporting evidence.
Who Is Affected?
This update applies to all benefit requests submitted or still being processed on or after April 2, 2025. The change is reflected in multiple sections of the USCIS Policy Manual and replaces any earlier guidance that permitted alternative gender designations.
What You Can Do
If you’re unsure how to proceed with your application or how this change might affect you, consider the following steps:
- Review your documents: Make sure the gender marker on your application matches what is shown on your earliest birth certificate.
- Gather supporting materials: If your documents differ or include a nonbinary designation, be prepared to provide additional records.
- Seek professional guidance: Immigration attorneys can help if you have concerns about how your gender identity is recorded in your documents.
With this change in policy, individuals should align their details on applications with the new USCIS requirements.
