Important Updates
Important Updates
September 23, 2025 | United KingdomCNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa
September 24, 2025 | ChileChile: Visa-Free Travel Now Available for Australian Visitors
September 24, 2025 | United Arab EmiratesKhaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas
September 24, 2025 | United KingdomPersonnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know
September 24, 2025 | United StatesReuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul
September 23, 2025 | United KingdomCNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa
September 24, 2025 | ChileChile: Visa-Free Travel Now Available for Australian Visitors
September 24, 2025 | United Arab EmiratesKhaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas
September 24, 2025 | United KingdomPersonnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know
September 24, 2025 | United StatesReuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul
September 23, 2025 | United KingdomCNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Traveling with Pride: Immigration Updates and Mobility Considerations for LGBTQI+ Travelers to the United States

June 12, 2023

Traveling with Pride: Immigration Updates and Mobility Considerations for LGBTQI+ Travelers to the United States

Country / Territory

  • United StatesUnited States

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Kyle Sommer

Fragomen acknowledges and celebrates the respect, dignity and accomplishments of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) people around the world—not only during Pride Month, but all year long. This blog post explores the latest immigration updates and mobility considerations for LGBTQI+ travelers to the United States.

Immigration Updates

The United States has made significant advancements toward inclusivity and equality for the LGBTQI+ community. This progress extends to the immigration arena, where LGBTQI+ individuals and families now have clearer pathways and greater recognition of their rights. The most recent immigration updates focus on people who identify as transgender, non-gender conforming or intersex.

  • Same-sex Marriage: The United States continues to only recognize same-sex marriage for the purposes of immigration-dependent benefits. It does not recognize most other partnerships, including civil or domestic partnerships.
  • Additional Gender Marker: U.S. immigration agencies are currently working to include a third gender identifier (X), in addition to the Male/Female (M/F) gender markers, on U.S. immigration application forms and issued documents. This option is now available on U.S. passport applications, which are submitted to the U.S. Department of State.
  • Gender Selection: For applications submitted to the U.S. Citizenship and Immigration Services (USCIS), individuals may self-select any gender marker on their U.S. immigration paperwork regardless of the gender marker indicated on their supporting documentation. For example, although an individual’s birth certificate may list F (Female), they may select a different option when completing their U.S. immigration forms.
  • Changing Gender Marker or Legal Name: Under USCIS’s new policy, individuals may change the gender marker listed on their issued immigration documents. Unlike some other countries, submission of proof of gender identity (e.g., medical examination or documentation) is not required to change an individual’s gender marker on most U.S. immigration documents. The one exception is the Application for Replacement of Naturalization/Citizenship Document (Form N-565). Legal name changes continue to require legal documentation confirming the change.

Risks and Challenges

Despite this progress, LGBTQI+ travelers to the United States still face risks and challenges.

  • Country Conditions: LGBTQI+ travelers may experience worse conditions or fewer protections in certain parts of the United States than in their home country. U.S. immigration laws and policies, which are generally favorable to LGBTQI+ people, are governed at the federal level. However, other protections for LGBTQI+ people are governed at the state and local level. Recently, there has been an increase in U.S. state and local laws targeting transgender individuals (including access to gender affirming healthcare), drag queens and access to LGBTQI+ books and other resources. For the first time, the Human Rights Campaign (HRC) has issued a National State of Emergency for LGBTQI+ individuals in the United States due to the spike in anti-LGBTQI+ legislation in some states.
  • Increased Scrutiny of Documentation: Due to the recent policy changes permitting the issuance of documents listing a third gender marker (X), travelers to the United States with a third gender marker (X) on their travel documents or other personal identification documents (e.g., passports, visas, birth certificate, other government-issued ID), should be prepared for potentially increased scrutiny. For example, immigration officials or identity verification software may flag inconsistencies or discrepancies between the gender markers listed on the presented documents, or between the documents and the traveler’s physical appearance, which could result in processing delays.

Travel Tips

Preparation is key to ensuring the safety and well-being of LGBTQI+ travelers and their families to the United States.

  • LGBTQI+ Travel Resources: Global Mobility leaders should provide LGBTQI+ travelers and their families with resources, including checklists and country conditions reports for the United States, well in advance of travel. These resources will inform travelers of all potential risks and challenges during their travel.
  • Update Identity and Travel Documents: Prior to travel, future travelers should update their travel, personal identification, and family relationship documentation to uniformly reflect their name, gender and family relations.
  • Carry Supplemental Identity Documents: Where there are inconsistencies or discrepancies between the name or gender markers listed on documents, or between the documents and the traveler’s physical appearance, travelers should consider carrying supplemental documentation to verify their identity. Examples of supplemental documentation could include a legal name change or gender affirmation documentation, a letter from a medical professional, a copy of a birth certificate, or a second passport with a gender marker other than “X”.
  • LGBTQI+ Families: LGBTQI+ parents traveling with their children should consider carrying supporting documentation that confirms their parental relationship. This is particularly important if the child’s birth certificate does not list the parent (including step or adopted parents) or if the parent’s legal name or gender marker has changed since the issuance of the child’s birth certificate. Examples of supporting documentation could include a legal name change or gender affirmation documentation, court records, or documentation confirming child custody. It is also advisable to carry a copy of a durable power of attorney for healthcare or other healthcare directives in the event of a medical emergency of a child or unmarried partner.

Need to know more?

For questions related to mobility considerations for the LGBTQI+ community, please contact Senior Associate Kyle Sommer at [email protected].

For additional conversation on this topic, Fragomen Partner Chad Ellsworth and Head of Talent Mobility, Immigration and Flexible Work Program at Twitter Rina Montalvo also discuss global mobility for LGBTQI+ travelers on a Fragomen podcast and video.

This blog was published on June 12, 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Kyle Sommer

Kyle Sommer

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6927

Related insights

  • LGBTQ+ Travelers: A Conversation with Rina Montalvo, Twitter

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Khaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas

Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Learn more

Media mentions

Personnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know

Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Learn more

Media mentions

Reuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul

Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Learn more

Media mentions

CNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa

Partner Louise Haycock highlights how the UK's immigration system and Skilled Worker visa changes support employers in planning talent pipelines.

Learn more

Media mentions

The Wall Street Journal: Tech’s H-1B Debate: Is Trump’s New Fee a Solution or Setback?

Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Learn more

Blog post

Visa Applications and Document Services: Avoiding Delays and Ensuring Compliance

Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.

Learn more

Fragomen news

2025年9月22日 アメリカ移民法速報Learn more

Media mentions

Gazeta Prawna: Nowe przepisy o zatrudnianiu cudzoziemców 2025. Spada liczba zezwoleń na pracę

Partner Karolina Schiffter discusses how new regulations have led Polish companies to adjust their use of work permits.

Learn more

Media mentions

Human Resources Manager: Flucht und Arbeitsmigration: (noch) ein Dickicht in der Behördenlandschaft

Partner Marius Tollenaere examines Germany’s immigration administration and strategies to support skilled labor.

Learn more

Media mentions

The Associated Press: What to Know About the H-1B Visa Trump Has Targeted With $100,000 Fees, Generating Confusion, Fear

Partner Bo Cooper discusses the potential implications of the $100,000 H-1B fee for employers, universities and research programs relying on international talent.

Learn more

Blog post

The Future of UK Residency and Citizenship: Longer Waits, Tougher Rules?

Partner Natasha Catterson discusses how proposed changes to UK residency and citizenship rules could affect immigration planning and applicant eligibility.

Learn more

Fragomen news

Partner Julia Onslow-Cole Featured in Financial Times Spotlight on 2025 Innovative Lawyers Europe Awards

Partner Julia Onslow-Cole is recognised for her work shaping global immigration and workforce mobility.

Learn more

Media mentions

Khaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas

Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Learn more

Media mentions

Personnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know

Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Learn more

Media mentions

Reuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul

Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Learn more

Media mentions

CNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa

Partner Louise Haycock highlights how the UK's immigration system and Skilled Worker visa changes support employers in planning talent pipelines.

Learn more

Media mentions

The Wall Street Journal: Tech’s H-1B Debate: Is Trump’s New Fee a Solution or Setback?

Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Learn more

Blog post

Visa Applications and Document Services: Avoiding Delays and Ensuring Compliance

Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.

Learn more

Fragomen news

2025年9月22日 アメリカ移民法速報Learn more

Media mentions

Gazeta Prawna: Nowe przepisy o zatrudnianiu cudzoziemców 2025. Spada liczba zezwoleń na pracę

Partner Karolina Schiffter discusses how new regulations have led Polish companies to adjust their use of work permits.

Learn more

Media mentions

Human Resources Manager: Flucht und Arbeitsmigration: (noch) ein Dickicht in der Behördenlandschaft

Partner Marius Tollenaere examines Germany’s immigration administration and strategies to support skilled labor.

Learn more

Media mentions

The Associated Press: What to Know About the H-1B Visa Trump Has Targeted With $100,000 Fees, Generating Confusion, Fear

Partner Bo Cooper discusses the potential implications of the $100,000 H-1B fee for employers, universities and research programs relying on international talent.

Learn more

Blog post

The Future of UK Residency and Citizenship: Longer Waits, Tougher Rules?

Partner Natasha Catterson discusses how proposed changes to UK residency and citizenship rules could affect immigration planning and applicant eligibility.

Learn more

Fragomen news

Partner Julia Onslow-Cole Featured in Financial Times Spotlight on 2025 Innovative Lawyers Europe Awards

Partner Julia Onslow-Cole is recognised for her work shaping global immigration and workforce mobility.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.