H-1B visa application, other major records to be deleted starting March 20: Here’s what employers need to know

The Foreign Labor Access Gateway (FLAG), a crucial system for U.S. employers handling visa applications, will begin deleting older case records starting March 20, 2025.

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has notified stakeholders that all Temporary Labor Condition Applications (H-1B, H-1B1, H-2A, H-2B, E-3), Permanent Labor Certification Applications (PERM), and Prevailing Wage Determinations (PWD) will be affected.

What’s happening?

• Starting midnight on March 20, visa records older than five years from their final determination date will be deleted from the FLAG system.

• For example, a case finalized on March 21, 2020, will be deleted on March 21, 2025.

• Employers with affected records must download their cases by March 19, 2025 to avoid losing access.

Why are the records being deleted?

The National Archives and Records Administration (NARA) Records Schedule mandates that records classified as “temporary” be destroyed after their retention period ends. Only records deemed “permanent” due to historical value will be transferred to the National Archives.

Who is impacted?

U.S. employers who have used FLAG for labour certification applications, wage determinations, and visa approvals under these programs:

• H-1B, H-1B1, and E-3 visas

• H-2A, H-2B, and CW-1 visas

• PERM (Permanent Labor Certification Applications)

• Prevailing Wage Determinations (PWD)

What employers should do now?

The OFLC is urging employers to review their FLAG accounts and download any necessary records before March 19, 2025. Once deleted, these records cannot be recovered from the system.