US Department of Labour To Delete H-1B Visa And Other Visa Records Older Than 5 Years
Edited by: Priyadarshini Singh
Updated: Mar 24, 2025 | 12:32 IST
The Office of Foreign Labour Certification (OFLC) within the Department of Labour’s Employment and Training Administration has notified the relevant stakeholders that data will be removed from the Foreign Labour Application Gateway (FLAG) system starting at midnight on March 20.
United States Department of Labour has begun deleting H-1B visas and other visas from their record, rendering H-1B Visa Applicant’s records unavailable. The department plans to eliminate visa records exceeding five years from the Foreign Labour Application Gateway system. This move will make it difficult for applicants as well as legal representatives to extract the details.
Varun Singh, Managing Director of XIPHIAS Immigration, told the Financial Express, “For past H-1B applicants, this move may pose challenges, especially if they need proof of prior filings for visa renewals, employer verification, or legal disputes. Employers and applicants who haven’t kept copies of their Labour Condition Applications (LCAs) and approvals may face difficulties in re-establishing past employment records. This also means attorneys and HR teams handling immigration matters must now be extra vigilant in record-keeping.”
Reportedly, the Office of Foreign Labour Certification (OFLC) within the Department of Labour’s Employment and Training Administration has notified the relevant stakeholders that data will be removed from the Foreign Labour Application Gateway (FLAG) system starting at midnight on March 20.
“Typically, records are archived, but their outright removal from the system after five years is a new precedent that could impact applicants seeking extensions, amendments, or historical reference to past filings,” Singh added.
The Foreign Labour Access Gateway portal, also abbreviated as FLAG portal, helps American companies scout international talent while providing them with protection of domestic and international rights. FLAG includes all applications for Temporary Labour Conditions, encompassing those for the H-1B, H-1B1, H-2A, H-2B, E-3, and also Permanent Labour Certification (PERM) visas.
Will All Visa Records Be Deleted?
Records in the Foreign Labour Access Gateway (FLAG) that exceed five years from the date of final determination will be removed. However, not all records will be erased as per the Financial Express report.
US employers were reminded to download their employees’ records that are older than five years from the date of final determination by March 19.
The approved Record Control Schedule will take effect on March 20, 2025. The determination date specified in the FLAG System for each case will dictate which eligible case records get deleted.
For example, cases with a final determination date of March 23, 2020, will be removed on March 23, 2025.
H-1B applicants should now be extra careful in maintaining their immigration records on an individual level, including LCAs, I-797 approvals, and PERM certifications, Varun highlighted in the Financial Express report.
He also added that as responsible employer and attorneys, they should also organise and maintain an archive of older documents “outside of government systems to prevent future complications,” to be prepared for any unforeseen changes amid rapidly changing U.S. immigration policies.
