WASHINGTON:- The U.S. Department of Labor addresses its impact on certain immigrant visa petitions filed on behalf of professional athletes, according to policy guidance issued today by USCIS.
This update continues our goal of restoring integrity to the U.S. immigration system by ensuring USCIS adjudicators have all required information needed to make timely, informed decisions on aliens’ eligibility for immigration benefits.
For Form I-140, Immigrant Petition for Alien Workers, the petitioner must establish that the alien beneficiary and the job offered meet the requirements of the requested classification. Permanent labor certifications for professional athletes that were electronically filed with the DOL using its FLAG system on or after June 1, 2023, no longer contain the minimum job requirements for the offered position.
Accordingly, if the professional athlete’s contract does not contain this information, and the petitioner does not otherwise provide the minimum requirements of the job with their Form I-140, USCIS may request additional evidence to determine whether the petition can be approved in the requested classification. While we receive fewer than 100 labor certifications filed on behalf of professional athletes each year, this update impacts all major U.S. professional sports teams and their minor league affiliates.