USCIS has issued a policy update that affects I-140 (Immigrant Petition for Alien Worker) filings for professional athletes, specifically for labor certifications issued on or after June 1, 2023. The update indicates that the U.S. Department of Labor’s FLAG system will no longer include minimum job requirements on the face of the certification, which may complicate the petition process for athletes.
Key Details:
- Effective date: June 1, 2023, for labor certifications.
- Minimum job requirements will not be listed on the labor certification.
- Professional athletes are exempt from the prevailing wage requirement.
- Employers must clearly document job requirements in the I-140 petition to avoid RFEs and processing delays.
This policy change primarily affects major league teams, minor league clubs, and sports organizations filing I-140 petitions for professional athletes. Employers are urged to ensure that the athlete’s contract, petition support letter, and supporting exhibits clearly outline the minimum job requirements to prevent delays in processing.
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Source: MERIT LAW LLP