USCIS imposes new requirements for professional athletes applying for residency in the U.S.

The United States Citizenship and Immigration Services (USCIS) published an update to its Policy Manual that introduces new documentation requirements for certain applications for permanent residency submitted on behalf of professional athletes.

The clarification is related to the adoption of the FLAG system by the Department of Labor, which has been operational since June 1, 2023, and affects petitions based on labor certification processed through Form I-140.

Under this new system, permanent job certifications for professional athletes no longer include the minimum requirements for the offered position, an element that USCIS considers essential for evaluating the beneficiary's eligibility.

According to the agency, when the athletes' contracts or the documentation attached to Form I-140 do not clearly outline those minimum requirements, USCIS may request additional evidence before making a decision on the petition.

The objective, the entity states, is to ensure that officials have all the necessary information to make timely and informed decisions.

Although USCIS states that it receives fewer than 100 labor certifications per year for professional athletes, the measure has a broad scope, as it involves all professional sports teams in the United States and their minor league affiliates, where many foreign athletes, including Cubans, compete.

For Cuban athletes looking to permanently settle in the United States through a work petition, this change means they need to pay closer attention to the documentation submitted.

The lack of detailed information about the job requirements can lead to delays in the immigration process or additional requests from USCIS.

The update to the Policy Manual also includes an overview of how the FLAG system operates and details the documentation that must accompany Form I-140 in cases of labor certifications for professional athletes.

USCIS emphasizes that, even when the Department of Labor has approved the certification, it is the responsibility of the petitioner to demonstrate that the beneficiary meets the requirements for the requested immigration classification.