Avram Morell

On February 24, 2025, the State Department directed consular officers to deny visas to transgender athletes in accordance with President Trump’s Executive Order[1], banning transgender athletes from competing in women’s sports. The directive[2] allows consular officers to deny visas if there is “reasonable suspicion” that the applicant’s listed sex on their visa application does not match their sex assigned at birth. It appears from the directive that consular officers have wide discretion to deny visas to any applicants based on “reasonable doubt” of the applicant’s sex, broadening the ban on visas to not only transgender athletes but to any transgender applicant.

The directive further states that applicants who misrepresent their purpose of travel or sex may face permanent ineligibility from entering the U.S. Specifically, consular officers will have the discretion to determine “whether the misrepresentation is material such that is supports an ineligibility finding.” In a previous State Department directive, issued on February 7, 2025, consular officers were provided with the following guidance on determining whether an applicant has misrepresented their sex:

• If an applicant was previously issued a visa listing a sex marker different from that in the applicant’s current passport;
• If an adjudicator becomes aware that an applicant’s passport denotes a different sex from the sex presented in other records or encounters; or
• When an applicant’s passport lists a third-gender marker, such as “X” or no such marker at all.[3]

A determination of misrepresentation will trigger a permanent bar from entering the U.S., one that may be lifted only with limited waivers.

As a result of the recent State Department directives, newly issued visas must reflect the applicant’s biological sex at birth, even if the sex differs from the sex listed on the applicant’s passport. When completing the online nonimmigrant visa application, applicants must list their biological sex at birth. Otherwise, they may be at risk of materially misrepresenting their sex.

Accordingly, the directives have major implications on future visa applications to the U.S., including visa applications for upcoming global sporting events that will be hosted by the U.S. in 2026 and 2028.

Implications on Future Visa Applications

As stated in the directive, consular officers are provided with broad discretion in determining whether an applicant has materially misrepresented their purpose of travel or sex. This guidance is concerning as a consular officer may look beyond an applicant’s passport and visa application to determine their sex. In the event that there is a “discrepancy in sex markers in the documents presented at the interview,” consular officers are permitted to request additional evidence to determine an applicant’s sex at birth, including but not limited to a birth certificate.

Implications for Athletes Competing in Sports in the U.S.

The U.S. is gearing to host two major global sporting events over the next few years, including the 2026 FIFA World Cup and the 2028 Summer Olympics. In addition, the U.S., together with Mexico, is a favorite to win the bidding process to host the women’s edition of the World Cup in 2031. Further, the U.S. is a leader in women’s sports leagues, including the National Women’s Soccer League (NWSL) and the Women’s National Basketball Association (WNBA). In a statement in early February, President Trump confirmed that he is directing the State Department to deny “any and all visa applications made by men attempting to fraudulently enter the United States while identifying themselves as women athletes.” The recent remarks by President Trump, Executive Order 14201, and the State Department directives will have major implications on future applications made by athletes traveling to the U.S.

For more information and guidance as to visa applications, please contact one of the Pryor Cashman attorneys in our Immigration Practice.