On February 24, 2025, the Secretary of State of the U.S. Department of State (“DOS”), Marco Rubio, issued a cable (the “Cable”) to all diplomatic and consular posts on the adjudication of visa applications for all transgender visa applicants, including athletes, whose gender on the application does not match their gender at birth. Entitled “Guidance for Visa Adjudicators on Executive Order 14201: ‘Keeping Men Out of Women’s Sports’”, the Cable mandates that all visa-issuing posts follow the guidance effective immediately in order to implement President Trump’s Executive Order (“EO”), “Keeping Men out of Women’s Sports.”

While the Cable appears to be focused on preventing transgender athletes from traveling to the U.S. to compete in women’s sports, the Cable includes sections that are broadly phrased to effectively apply to all transgender visa applicants - not just transgender athletes. In pertinent part, the broad language of Section 6 of the Cable mandates:

“[B]oth immigrant and nonimmigrant visa applications request that an applicant identify the sex as either male or female. Moreover, all visas must reflect an applicant’s sex at birth. If there is a discrepancy either in the applicant’s documents or in electronic consular records, or if other evidence casts reasonable doubt on the applicant’s sex, you should refuse the case under 221(g) and request additional evidence to demonstrate sex at birth. Typically, a timely-registered birth certificate with a sex marker will suffice for this purpose.”

Rubio’s Cable introduces a new U.S. policy requiring transgender visa applicants to list their assigned sex at birth. Further, the Cable states that an applicant’s intentional and “material” misrepresentation of their purpose of travel or their sex may be basis for denial of a visa and/or admission, establishing the elements of ineligibility based on fraudulent misrepresentation of gender.

It is important to note that the Foreign Affairs Manual (“FAM”) [1] does not state that passports listing a gender different from gender at birth, or those listing an X marker, would automatically be invalidated. Further, DOS’ guidance on “Sex Marker in Passports” states that, while the DOS, going forward, will only issue passports with an M or F sex marker to match the passport holder’s biological sex at birth, all passports – including those with an X marker - will remain valid until the expiration date. 

Based on the Cable, it is clear that a new visa must reflect an applicant’s sex at birth and having a gender marker on a visa that differs from the applicant’s gender at birth may result in a finding of fraud or misrepresentation, and accompanying inadmissibility.  For individuals currently possessing visas that list a gender marking that is not consistent their gender at birth, including those listing X as a marker, we recommend applying for a new visa to reflect their sex at birth, which is the most conservative approach to avoid potential issues in the visa application process or denial of admission.

We will share any definitive guidance from the American Immigration Lawyers Association (AILA) as this new policy is implemented.

[1] FAM is a comprehensive reference guide that provides the DOS and its employees with policies, procedures, and guidelines implementing U.S. foreign policy

  For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

Disclaimer: The information contained herein is intended only for informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.