A critical update has been issued by the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), demanding immediate attention from employers utilizing the Foreign Labor Application Gateway (FLAG) system. Starting March 20th, 2025, a significant deletion of older case records will commence, impacting a wide range of visa applications.
This action stems from the National Archives and Records Administration (NARA) Records Schedule, which mandates the destruction of “temporary” records after their designated retention period. This means that numerous records related to vital visa programs, including the highly sought-after H-1B, are slated for removal.
What’s Happening?
The OFLC has announced that records exceeding five years from their final determination date within the FLAG system will be permanently deleted. This impacts a broad spectrum of labor certification applications, including:
- H-1B, H-1B1, and E-3 visas: Temporary Labor Condition Applications.
- H-2A, H-2B, and CW-1 visas: Temporary Labor Certification Applications.
- PERM: Permanent Labor Certification Applications.
- PWD: Prevailing Wage Determinations.
In essence, any employer who has utilized the FLAG system for these programs needs to be aware of this impending record deletion.
Why Is This Happening?
The driving force behind this deletion is adherence to federal record-keeping regulations. NARA’s Records Schedule dictates that records classified as “temporary” must be purged after their retention period. Only records deemed “permanent” due to their historical significance will be preserved and transferred to the National Archives.
Who Is Affected?
This impacts any U.S. employer who has used the FLAG system to process labor certification applications, wage determinations, or visa approvals under the programs listed above. This is a very large amount of businesses, due to the high use of the H1-B visa program.
Crucial Actions for Employers
The OFLC is strongly urging employers to take the following steps immediately:
- Review FLAG Accounts: Thoroughly examine your FLAG accounts to identify any case records older than five years from their final determination date.
- Download Necessary Records: Download and securely store any records you wish to retain before the March 19th, 2025, deadline. Once deleted, these records will be irretrievable from the system.
- Understand the Dates: Deletions will occur based on the final determination date of each case. For instance, a case with a final determination date of March 21, 2020, will be deleted on March 21, 2025.
Key Implications
- Record Retention: Employers must proactively manage their records to ensure compliance and maintain necessary documentation.
- Potential Audits: Retaining records is crucial for potential audits or future visa applications.
- Data Management: This situation emphasizes the importance of robust data management practices for employers dealing with immigration-related processes.
Important Considerations
- It is vital that all human resources departments, and legal teams within companies that utilize the H1-B visa program, are made fully aware of this information.
- It is very important that any business that uses the FLAG system to verify the dates of their records, to insure they are not deleted.
This record deletion serves as a critical reminder for employers to stay informed about regulatory changes and maintain meticulous records. By taking prompt action, employers can mitigate potential disruptions and ensure compliance with federal requirements.
