USCIS has clarified eligibility for certain visa categories: O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, E21 aliens of exceptional ability, and for national interest waivers (NIWs), with respect to women’s athletics in the United States.
Policy Highlights
- Clarifies that, with respect to demonstrating extraordinary ability in athletics in both the nonimmigrant and immigrant classifications, USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field.
- Explains that USCIS does not consider a male athlete who has gained the necessary acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability for both the relevant nonimmigrant and immigrant classifications.
- Provides that, for the immigrant aliens of extraordinary ability classification and the aliens of exceptional ability classification, male athletes seeking to enter the United States to compete in women’s sports do not substantially benefit prospectively the United States.
- Clarifies that it is not in the national interest to the United States to waive the job offer and, thus, the labor certification for male athletes whose proposed endeavor is to compete in women’s sports.
- As part of this update, USCIS is incorporating previously published NIW content into Volume 6, Part F, Chapter 5 of the Policy Manual
Effective date
The guidance, in Volumes 2 and 6 of the USCIS Policy Manual, is effective immediately and applies to benefit requests pending or filed on or after the publication date, is controlling, and supersedes any related prior guidance.
Links
- Policy Alert: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250804-WomensSports.pdf
- Corresponding Presidential Action: Keeping Men Out of Women’s Sports – The White House
- Policy Manual: USCIS Policy Manual
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Should you have any questions or concerns or need support, please reach out to us at Watson Immigration Law to schedule a consultation.