USCIS updates

Here are a couple of policy updates from the US Citizenship and Immigration Services (USCIS).

The first is in line with the administration's executive order, "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."

Thus effective April 2, 2025, USCIS is returning to its historical policy of recognizing two biological sexes --male and female. The USCIS, in updating its policy manual, provides guidance in saying that the agency considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.

USCIS will not deny benefits solely because the benefit requestor did not properly indicate his or her sex. However, USCIS does not issue documents with a blank sex field, and does not issue documents with a sex different than the sex as generally evidenced on a birth certificate issued at the time of birth (or issued nearest to the time of birth). Therefore, if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.

USCIS may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.

In its official statement, USCIS noted that “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality. Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being.”

The second update pertains to the H1B visa process:

USCIS has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026.

Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.