US Citizenship and Immigration Services (USCIS) has issued policy guidance specifying the requirements that visa applications filed on behalf of professional athletes must meet.

The policy, which is incorporated in Volume 6 of the USCIS Policy Manual, addresses the Department of Labor's (DOL) adoption of the Foreign Labor Application Portal (FLAG) system and its impact on certain immigrant visas applications.

Immigrant Petition for Alien Workers

“Our goal is to restore the integrity of the US immigration system, ensuring that USCIS adjudicators have all the information necessary to make timely and informed decisions about the eligibility of foreign nationals to receive immigration benefits,” they stated in a press release.

USCIS explained that for Form I-140, Immigrant Petition for Alien Workers, the petitioner must demonstrate that the foreign beneficiary and the offered job meet the requirements of the requested classification.

Permanent labor “Therefore, if the professional athlete's contract does not contain this information and the If the petitioner does not otherwise provide the minimum job requirements with their Form I-140, USCIS may request additional evidence to determine whether the petition can be approved. in the requested classification,” he emphasized.

USCIS shared that they receive fewer than 100 labor certifications filed on behalf of professional athletes each year, but this update affects all major US professional sports teams and their minor league affiliates.

Effective June 1, 2023, The Department of Labor requires that applications for permanent employment certification be submitted through its FLAG system, which contains the revised Form ETA-9089, Application for Permanent Employment Certification, as well as four appendices and the Final Determination:Approval of Permanent Employment Certification. The new Form ETA-9089 no longer collects information on the minimum requirements of the employment opportunity. Instead, foreign nationals now provide this information to the DOL using Form ETA-9141, Request for Determination of Prevailing Wage.

FLAG System

Because DOL regulations exempt professional athletes from the prevailing wage determination requirement, under the FLAG system, labor certification approvals for professional athletes do not contain the minimum job requirements.

USCIS requires this information to resolve immigration petitions based on labor certification.

The policy manual update also includes an overview of the FLAG system and a description of the new labor certification-related documentation that must be submitted with Form I-140.