US tightens documentation rules for green card petitions filed by athletes

USCIS has updated its policy to require professional athletes and their sponsors to submit detailed job requirement information with green card petitions

The U.S. Citizenship and Immigration Services has issued fresh policy guidance that could significantly alter how green card applications for professional athletes are adjudicated, following changes in the US Department of Labor’s labour certification process.

 

In an update to Volume 6 of the USCIS Policy Manual, the agency clarified how it will assess immigrant visa petitions for professional athletes filed under Form I-140 (Immigrant Petition for Alien Workers) in light of the Department of Labor’s shift to the Foreign Labor Application Gateway (FLAG) system. The guidance is aimed at ensuring immigration officers have sufficient information to make timely and informed decisions on eligibility.

 

 

What has changed

 

Since June 1, 2023, the U.S. Department of Labor has required all permanent labour certification applications to be filed through FLAG. As part of this transition, the revised Form ETA-9089 no longer captures the minimum job requirements for the position being certified.

 

This omission poses a specific challenge for professional athletes. While most employment-based green card applicants provide job requirement details through a prevailing wage determination (Form ETA-9141), professional athletes are exempt from the prevailing wage requirement under DOL rules. As a result, labour certifications issued for athletes under the FLAG system often do not contain any information on the minimum qualifications required for the role.

 

USCIS says this creates a documentation gap when adjudicating I-140 petitions.

 

What USCIS now expects

 

Under the updated policy, if a professional athlete’s employment contract does not clearly spell out the minimum job requirements—and the petitioner fails to submit this information separately with the I-140—USCIS may issue a Request for Evidence (RFE). Without adequate documentation, petitions risk delays or potential denial if eligibility for the requested immigrant classification cannot be established.

 

Although USCIS receives fewer than 100 labour certifications annually for professional athletes, the agency noted that the change affects all major US professional sports leagues and their minor league affiliates, making it relevant across baseball, basketball, football, hockey and other organised sports.

 

Why this matters

 

The policy update shows USCIS’s growing emphasis on procedural completeness amid broader efforts to “restore integrity” to the US immigration system. For teams and agents sponsoring foreign athletes, the change means greater upfront diligence—ensuring contracts or supporting documents explicitly detail job requirements that USCIS considers essential for adjudication.

 

An overview of the FLAG system and a checklist of labour-certification-related documents that must now accompany Form I-140 filings have been incorporated into the policy manual to guide petitioners

 

For foreign athletes—particularly those on time-bound contracts—the implications are practical. Any delay in green card processing can affect long-term career planning, sponsorship continuity and mobility within US leagues.

 

The USCIS clarification does not change who qualifies for an employment-based green card. But it raises the bar on how well eligibility must be documented, especially for professional athletes whose labour certifications no longer carry job requirement details by default.