Entitlement to a visa is not assured and remains subject to discretion and eligibility criteria

On: August 12, 2025 2:36 AM
Entitlement to a visa is not assured and remains subject to discretion and eligibility criteria

Not surprisingly, we are facing another episode of the Trump worlds. In this case, it has affected athletes, to whom the United States Citizenship and Immigration Services (USCIS) denies entry to the country under a series of requirements. The tightening of immigration policies is not only related to the entry of immigrants but also to the temporary access of travelers. After signing executive order 14201, Trump decreed that all athletes who identify as women but are biologically men will not be allowed to enter the country with the intention of participating in a women’s sports competition. The O-1A, E11, E21, and EB-2 NIW visas will be affected. Starting next Monday, all pending applications and future ones will be denied.

Trump’s immigration policy

Trump’s immigration legislation includes visa policy, asylum policy, and naturalization policy. Regarding illegal immigration, it includes the deferral policy and the expulsion policy. With this in mind, it is important to note that since January 29, 2025, Trump signed the Laken Riley Act, through which he ordered the detention and deportation of immigrants accused or convicted of crimes. However, the reality translated into massive raids without any criteria, imprisoning and deporting immigrants without even proving that they were criminals.

These events led to numerous protests from American society, which fully opposed this measure. In addition to these surreal measures, there have also been changes in the visa approval system for travelers, such as the increase in entry costs depending on the country of origin. However, if you want to obtain American nationality, you can pay $5 million, and as if by magic, your origin and skin color no longer matter.

Athletes and USCIS

The United States Citizenship and Immigration Services (USCIS) has made one of the most surreal yet anticipated announcements. Citing the content of their announcement, starting next Monday, all visas for male athletes who wish to come to the United States to compete in female sports will be denied. In other words, the entry of trans athletes into the country is prohibited, as long as the reason is a sporting competition. They do not specifically mention the term trans, but it is unnecessary. This announcement responds to the support they provide to Trump, after he signed executive order 14201, which he claims aims to keep men out of female sports.

Affected Visas

Both pending and future applications will be rejected if made under this pretext. The affected visas will be:

  • O-1A for foreigners with extraordinary abilities.
  • E11 for foreigners with extraordinary abilities.
  • E21 for foreigners with exceptional abilities.
  • National Interest Waivers (EB-2 NIW).

How have we reached this point?

Before coming to power, Trump had already made his opinion on the transgender community public, and specifically about their role in sports competitions. It took him less than two weeks to sign Executive Order 14201, called ‘Keeping Men Out of Women’s Sports.’ As he has been busy with other matters, he had not spoken on the subject again, but six months later, he has brought it back up.

He did so through the announcement from USCIS, which is already denying these applications to all women who were biologically men and who intend to compete in a female discipline. According to the spokesperson for the Citizenship and Immigration Services agency, Matthew Tragesser, “USCIS is closing the legal loophole for foreign male athletes whose only chance to win in elite sports is to change their gender identity and leverage their biological advantages against women”.

What is the basis for this?

According to Trump and the USCIS, a male athlete who has already achieved recognition in men’s competitions and is now competing in women’s events is not working in his area of extraordinary ability. They consider this a negative factor and believe that it does not benefit the United States. Furthermore, they say it is not in the national interest. Tragesser added, “It is a matter of security, justice, respect, and honesty that only female athletes obtain a visa to come to the United States to participate in women’s sports. The Trump administration defends the silent majority that has long been a victim of leftist policies that defy common sense”.