State Department Issues Guidance on Visa Policy and Gender Designation

By Joseph & Hall P.C.

Leaked documents obtained by news outlets reveal that the U.S. State Department has issued new guidance on visa adjudications as part of implementing Executive Order 14201, titled “Keeping Men Out of Women’s Sports.” The cable provides instructions for consular officers on assessing gender identity in visa applications, particularly focusing on “sex assigned at birth.”

While the guidance is officially linked to visa applicants intending to participate in sports events, legal experts note the language could apply more broadly. Critics argue that the policy could be used to deny visas to transgender individuals or to revoke existing immigration benefits.

Transgender rights advocates warn that the policy risks violating international human rights norms and could open the door to further discriminatory practices in immigration adjudications.

The full scope of the policy’s enforcement remains unclear, but immigration attorneys are advising clients in affected groups to consult legal counsel if they plan to apply for a visa under these new rules.