The United States Citizenship and Immigration Services (USCIS) has issued an update to its Policy Manual, introducing new documentation requirements for certain permanent residency applications filed on behalf of professional athletes.
This update is related to the implementation of the Department of Labor's FLAG system, which has been in effect since June 1, 2023. It impacts petitions based on labor certification processed through Form I-140.
Under this revised system, permanent labor certifications for professional athletes no longer encompass the minimum job requirements for the offered position—a critical element that USCIS deems necessary for assessing the beneficiary's eligibility.
According to USCIS, if athletes' contracts or documentation attached to Form I-140 do not clearly specify these minimum requirements, the agency may request additional evidence before making a decision on the petition.
The agency's goal is to ensure that officials have all the necessary information to make timely and informed decisions. Although USCIS reports receiving fewer than 100 labor certifications annually for professional athletes, the policy has a broad impact. It involves all professional sports teams in the United States along with their minor league affiliates, where numerous foreign athletes, including Cubans, compete.
For Cuban athletes aiming to settle permanently in the U.S. through a labor petition, this change necessitates heightened attention to the documentation submitted. Lack of detailed information regarding job requirements could lead to delays in the immigration process or additional requests from USCIS.
The Policy Manual update also provides an overview of how the FLAG system operates and outlines the documentation that must accompany Form I-140 in cases of labor certifications for professional athletes.
USCIS emphasizes that even if the Department of Labor has approved the certification, it is up to the petitioner to prove that the beneficiary meets the requirements of the requested immigration classification.
Common Questions about USCIS Residency Requirements for Athletes
What is the FLAG system?
The FLAG system is a platform implemented by the Department of Labor as of June 1, 2023, to manage labor certifications, including those for professional athletes.
How does the new policy affect Cuban athletes?
Cuban athletes seeking permanent residence in the U.S. must ensure their documentation clearly outlines job requirements to avoid delays or additional requests from USCIS.
What should petitioners do to comply with the new USCIS requirements?
Petitioners must provide clear and detailed documentation, including job requirements, when submitting Form I-140 to demonstrate that the beneficiary meets the necessary immigration classification.