The United States Citizenship and Immigration Services is currently updating the policy guides in the USCIS Policy Manual to clarify that, Effective immediately, USCIS will accept the gender marker selected by individuals applying for immigration benefits. The selected gender indicator does not need to match the selected gender indicator in your supporting documentation. 

The update also clarifies that applicants for benefits do not need to provide proof of their gender identity when applying to change their gender marker, except for those filing Form N-565, Application for Replacement Naturalization Document/ Citizenship. The guidance in this section of the Policy Manual does not currently apply to Form N-565, and individuals filing this form should follow the instructions on the form. See 8 CFR 103.2(a)(1).

Benefit applicants who wish to change their gender indicator after the initial submission of their form should refer to the webpage How to Update or Correct Your Documents. Currently, the only gender indicators available are “Masculine” (M) or “Female” (F). The United States Department of Homeland Security (DHS) is working on options for the inclusion of an additional gender indicator. USCIS will update its forms and Policy Manual accordingly.

In April 2021, DHS released a request for public comment to solicit public input on barriers to USCIS benefits and services. Responses to this request indicated that evidence requirements associated with changes in gender indicators created barriers for individuals applying for immigration benefits. In subsequent interactive sessions conducted in conjunction with DHS, stakeholders further emphasized how this policy change will remove barriers and reduce hardship for applicants and petitioners, in accordance with President Biden's Executive Order 14012, Restoration of Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. Additionally, this furthers DHS efforts under Executive Order 13988, Preventing and Combating Discrimination on the Grounds of Gender Identity or Sexual Orientation, and Executive Order 14091, Further Promoting Racial Equity and Support for Underserved Communities Through the Federal Government.