U.S. Citizenship and Immigration Services on December 18, 2025 issued policy guidance that could slow some green-card cases for professional athletes unless teams add missing job details to filings made with Form I-140, the Immigrant Petition for Alien Workers. The update, placed in Volume 6 of the USCIS Policy Manual, responds to the Department of Labor’s shift to the Foreign Labor Application Gateway (FLAG) system and warns that USCIS may issue Requests for Evidence when the labor certification packet no longer shows minimum job requirements. Fewer than 100 such certifications arrive each year, yet the change reaches every major U.S. club.
USCIS said the guidance is meant to “ensure USCIS adjudicators have all required information needed to make timely, informed decisions on aliens’ eligibility for immigration benefits,” calling it part of a broader effort at “restoring integrity to the U.S. immigration system.” The agency stressed that, even when a team has an approved labor certification from Labor, the petitioner still must prove both the athlete and the offered job meet the standards of the visa category requested. If that proof is thin, the case can stall while evidence is gathered. Teams and agents said the extra step may matter during seasons.
What changed and why it matters
At the center of the issue is how Labor redesigned its paperwork after June 1, 2023, when it required permanent labor certification filings to run through its FLAG system.
Under that electronic setup, the revised Form ETA-9089, Application for Permanent Employment Certification, and the final approval notice no longer collect the minimum requirements for the job opportunity. Instead, applicants provide that information when they seek a prevailing wage through Form ETA-9141, listed on the DOL foreign labor forms page — a step most athlete cases skip. Because teams are exempt from the wage request, the missing details now land at USCIS.
Labor regulations exempt professional athletes from the prevailing wage determination requirement, so the FLAG-based certifications for those players often arrive with a blank space where job requirements once sat. That gap matters because USCIS uses the labor certification to confirm the job offered is the same job described in the immigrant petition.
When the certification lacks minimum education, training, or experience requirements, officers may not be able to match the record to the classification being sought. In those cases, USCIS said it may send an RFE asking for contracts or other documents spelling out the job’s minimum standards up front.
“USCIS adjudicators must have all required information needed to make timely, informed decisions,” the agency said — emphasizing that an approved labor certification does not relieve the petitioner of proving the job and beneficiary meet the requested classification.
What petitioners must do for an I-140 filing
The guidance tells petitioners that, for an I-140 filing, the team must establish that the athlete beneficiary and the job offered meet the requirements of the requested classification, even if Labor has already certified the position.
USCIS noted a specific risk for labor certifications filed electronically in FLAG on or after June 1, 2023: if the athlete’s contract does not list the minimum job requirements, and the petitioner does not provide them elsewhere with the Form I-140, USCIS may ask for more evidence. The form instructions sit at USCIS’s I-140 page. That can add weeks to a transfer that would otherwise be routine.
If a FLAG-based labor cert lacks minimum job requirements, USCIS may issue an RFE to obtain contracts or policy details, delaying petitions—especially for players mid-season.
Documents USCIS now expects with FLAG-linked petitions
The policy manual update outlines what labor certification documents USCIS expects to see with petitions tied to FLAG:
- The revised ETA-9089
- Its appendices
- The Final Determination: Permanent Employment Certification Approval
USCIS said that package alone may not show what the job required, so petitioners should add proof of minimum requirements from the contract or other records. The guidance is effective immediately, with no transition period described in the release. The broader manual is available at the USCIS Policy Manual, where Volume 6 covers employer-sponsored immigration. Teams said they will review templates used by outside counsel.
Suggested attachment checklist for teams (practical steps)
To reduce the risk of an RFE, clubs may consider including with the I-140:
- A short attachment listing minimum education, experience, and special training required for the role.
- Relevant contract clauses that describe duties and qualifications.
- League or club policies that define the role’s required skills.
- Any appendices or supporting memos that align the labor certification with the
I-140classification.
How this plays out in practice
In practice, an RFE can land when a petition is otherwise ready for a decision, forcing lawyers to chase down contract language, league rules, or club policies that describe what skills the role demands.
For a star in the middle of a season, that may mean extra calls between the front office and counsel while the player is on the road. The message from USCIS is that the Immigrant Petition for Alien Workers must stand on its own record, not on assumptions about elite sports. Petitioners who prepare the file with clear minimum requirements can avoid that detour in advance.
Sports immigration lawyers said the change is a reminder that the labor certification, which is issued by Labor, and the immigrant petition, which is decided by USCIS, serve different jobs inside the system. Labor’s approval speaks to the hiring process and recruitment steps, while USCIS decides whether the worker fits the immigrant category requested in the I-140. With the FLAG system stripping job requirements from athlete certifications, USCIS is signaling it will not fill the gap itself.
For clubs in the United States 🇺🇸 that sponsor international talent, filing habits may now need tightening before the next signing window opens.
Key takeaways and recommendations
- Effective immediately: The guidance applies now and may trigger RFEs when FLAG-based labor certifications omit job requirements.
- Impact: Although USCIS receives fewer than 100 athlete labor certifications per year, the change affects every major team and many affiliates.
- Primary action: Include explicit minimum job requirements in the
I-140filing (via contract language or a short attachment). - Goal: USCIS said the intent is faster decisions — but the immediate effect for athletes and clubs may be more paperwork and fewer surprises later.
Petitioners who prepare the file with clear minimum requirements can avoid an RFE detour and help ensure timely adjudication.
USCIS has updated its policy manual to address a documentation gap caused by the Department of Labor’s FLAG system. Professional athlete petitions often lack minimum job requirements in labor certifications. To prevent processing delays and Requests for Evidence, sports teams must now provide explicit documentation of education and experience requirements within their Form I-140 filings, ensuring the athlete meets the requested visa classification standards.
