The US Citizenship and Immigration Services (USCIS) has released updated policy guidance addressing the impact of the US Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system on immigrant visa petitions for professional athletes. This update, published in Volume 6 of the USCIS Policy Manual, clarifies documentation requirements for Form I-140, Immigrant Petition for Alien Workers, when filed on behalf of athletes in major US sports leagues and their affiliates.
What Changed?
Since June 1, 2023, the DOL requires all permanent labor certification applications to be filed through the FLAG system, which introduced a revised Form ETA-9089 and related appendices. Unlike previous versions, the new Form ETA-9089 no longer includes the minimum job requirements for the offered position. Instead, this information is collected via Form ETA-9141 (Prevailing Wage Determination) – a process from which professional athletes are exempt under DOL regulations.
As a result, labor certifications for professional athletes filed through FLAG do not contain minimum job requirements. USCIS, however, needs this information to determine eligibility for EB-2 (aliens of exceptional ability) or EB-3 (skilled worker) classifications. If the athlete’s contract or supporting documentation does not specify these requirements, USCIS may issue a Request for Evidence (RFE) to obtain them.
Key Highlights
- Overview of FLAG System: Explains the revised labor certification process and required documentation for Form I-140.
- Impact on Professional Athletes: Labor certifications filed via FLAG lack minimum job requirements, creating a gap in evidence for immigrant petitions.
- USCIS Action: Petitioners must provide minimum job requirements in the athlete’s contract or supporting documents. If missing, USCIS will request additional evidence.
Why This Matters
Although fewer than 100 labor certifications for professional athletes are filed annually, this update affects all major US professional sports teams and their minor league affiliates. Compliance with these new documentation standards is critical to avoid delays in processing employment-based immigrant petitions.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.