New U. S. Visa Rules Target Transgender Individuals: Considerations for Employers and Educational Institutions

This analysis and recommendations discusses U.S. Secretary of State Marco Rubio’s “Guidance for Visa Adjudicators on Executive Order 14201: ‘Keeping Men Out of Women’s Sports.’”

The discussion excludes the Visa Waiver Program (42 countries) and Canada, but anecdotal reports in the news media say the same policies of heightened scrutiny and potentially harsh treatment at points of entry apply to ESTA (Electronic System for Travel Authorization) applicants, too. Separately, green card holders on U.S. soil been denied constitutional rights (habeas corpus, freedom of expression) and deported.

Key takeaways for non-citizens contemplating U. S. travel: U.S. visa & ESTA applications must reflect an applicant’s sex assigned at birth, any discrepancies or omissions related to an applicant’s sex assigned at birth may be considered “material misrepresentation” under U.S. immigration law, and any transgender, non-binary, or intersex person should talk with a gender-knowledgeable immigration attorney before travel.