U.S. Passports: Removal of “X” gender marker

The U.S. State Department has announced that it will no longer issue passports or Consular Reports of Birth Abroad (CRBAs) with an “X” gender marker. Moving forward, passports will only display “M” or “F,” matching the individual’s biological sex at birth. This change follows an executive order issued by President Trump on 20th January, titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

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Previously issued passports with an “X” marker or a designation different from the holder’s birth sex will remain valid until they expire. However, individuals applying for a passport with an “X” or requesting a gender marker change may face delays and additional document requests. While the State Department updates its forms to reflect this policy, applicants can continue using the existing forms.

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H-2B Visa processing updates

The Department of Labor (DOL) has issued final decisions for 5,883 H-2B visa cases for the first half of the fiscal year 2025, certifying 109,866 worker positions. As of 7th January 2025, U.S. Citizenship and Immigration Services (USCIS) confirmed that the additional 20,716 H-2B visas for returning workers (with start dates on or before 31st March 2025) have already been claimed.

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H-2B applications are reviewed in groups, with Group A including enough worker positions to reach the visa cap. Additional applications are processed in subsequent groups (B, C, etc.), each totaling no more than 20,000 workers.

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Employers relying on H-2B workers should be aware of these processing timelines and prepare accordingly, as demand for visas remains high.

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Changes to non-immigrant visa interview waivers

The U.S. State Department has revised the eligibility criteria for non-immigrant visa interview waivers, replacing the previous policy update from 21st December 2023. Under the new guidelines, consular officers now have the discretion to waive in-person interviews for specific visa applicants.

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Eligible applicants include those applying for diplomatic and official visas (such as A-1, A-2, G-1 through G-4, and NATO categories), as well as individuals renewing a visa in the same category that expired within the past 12 months. To qualify, applicants must submit their application in their country of nationality or residence, have no prior visa refusals (unless successfully overturned), and have no apparent ineligibilities.

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Despite these changes, consular officers still retain the authority to require an in-person interview based on individual circumstances or local conditions. Applicants should check the website of the relevant U.S. embassy or consulate for specific application procedures and operational updates.

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Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0) 20 3318 5794.

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The information provided does not amount to legal advice.