On December 13, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a key policy update that impacts how green card petitions are filed for professional athletes. The change addresses how labor certification (PERM) applications for athletes are processed through the Department of Labor’s (DOL) electronic FLAG system, and what additional information must now be submitted to USCIS with Form I-140, Immigrant Petition for Alien Workers.
This development has implications for all major U.S. sports leagues including the NBA, NFL, MLB, NHL, MLS, and their minor league affiliates who sponsor international talent for employment-based permanent residency. At VisaMadeEZ, we help clients stay ahead of these changes and avoid costly delays in the green card process.
The Policy Change: What Prompted the Update
Since June 1, 2023, the Department of Labor has required all permanent labor certification applications to be filed using the Foreign Labor Application Gateway (FLAG) system. The updated ETA-9089 form, used in the FLAG system, no longer includes the minimum job requirements for professional athlete positions.
That’s because the DOL exempts professional athletes from the prevailing wage process normally the step where job duties and qualifications are disclosed. As a result, when an I-140 petition is filed with USCIS based on a certified ETA-9089, the form may no longer contain the detailed job requirements that USCIS needs to determine whether the beneficiary qualifies for the position.
Without this information, USCIS may issue a Request for Evidence (RFE), delaying the case and potentially putting a green card at risk.
What USCIS Now Requires for I-140 Petitions
USCIS now requires petitioners filing Form I-140 on behalf of a professional athlete to include the minimum job requirements with the petition, even if those requirements are missing from the certified PERM.
This means employers and their legal counsel must submit supporting documentation that clearly states:
- The minimum education or experience required for the position;
- The essential duties and responsibilities;
- Any special skills or abilities needed to perform in the role;
- How the athlete meets or exceeds these requirements.
This information can come from employment contracts, team or league documentation, or letters from the sponsoring organization. The goal is to ensure that USCIS has the same level of detail it would normally receive in a labor certification, even though FLAG no longer includes it for athletes.
Who Is Affected?
This update applies to:
- All professional athlete positions that require PERM-based I-140 filings;
- Teams or organizations filing I-140 petitions for international players, coaches, or sports professionals;
- Labor certifications filed on or after June 1, 2023 via the FLAG system.
While the policy primarily targets PERM-based cases (typically EB-2 and EB-3), it’s an important reminder to professional sports teams and agents that immigration compliance now demands greater documentation from the outset.
How VisaMadeEZ Supports Athlete-Based Filings
At VisaMadeEZ, we work closely with sports teams, agents, and international athletes to prepare clean, RFE-proof green card petitions. Our team handles every stage of the process from labor certification through to I-140 and premium processing ensuring USCIS receives complete and well-supported filings.
We provide:
- Tailored cover letters that align with USCIS policy expectations;
- Employer support letters and job requirement documentation;
- Strategy advice for filing under EB-2 or EB-3, depending on athlete credentials;
- Ongoing compliance support for multi-player filings and season-based contracts.
As athlete immigration becomes more complex, having a tech-enabled legal team that understands both the sport and the system is more important than ever.
Contact Us
If you represent a sports organization, agency, or international athlete and want to learn how to streamline your green card filings under the updated USCIS policy, reach out to our team at VisaMadeEZ. We’re ready to help you navigate this evolving landscape with clarity and confidence.
