H-1B visa holders, employers must download records by today, warns US govt

Employers in the United States using the Foreign Labor Access Gateway (FLAG) to manage visa and labour certification applications have been urged to download their records before March 19, 2025, as the system prepares for large-scale data deletion.

 

The US Department of Labor’s (DOL) Employment and Training Administration, Office of Foreign Labor Certification (OFLC) has notified stakeholders that from midnight on March 20, older case records will be removed from the system.

 

What is being deleted?

 

All records older than five years from their final determination date will be deleted in line with the approved Record Control Schedule. This will affect various visa and labour certification applications, including:

 

Prevailing Wage Determinations (PWD)

Permanent Labor Certification Applications (PERM)

Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)

Temporary Labor Condition Applications (H-1B, H-1B1, and E-3 visas)

 

For example, a case with a final determination date of March 21, 2020, will be deleted on March 21, 2025.

 

Why is this happening?

 

The deletion follows requirements under the National Archives and Records Administration (NARA) Records Schedule, which governs the retention and disposal of government records.

 

Permanent records, deemed historically significant, are transferred to the National Archives of the United States.

Temporary records, such as visa applications, are scheduled for destruction once their retention period ends.

 

Impact on employers

 

According to the US Department of Labor, employers and legal representatives who have cases older than five years must download their records before March 19. Once deleted, they will no longer be accessible via FLAG, potentially leading to:

 

Loss of official records: Employers will have no way to retrieve deleted cases from the system.

Compliance and audit risks: Those undergoing audits or legal reviews may need documentation that is no longer available.

Difficulties in future applications: Some visa and labour processes reference past cases. Without archived records, proving past approvals or wage determinations may become challenging.  Alternative recordkeeping needs: Employers may need to check whether NARA has retained specific documents or rely on their own saved copies.

 

The deletion of records from the FLAG system will not directly impact current visa holders, but there are indirect consequences, especially for those needing historical records for future applications or compliance purposes.

 

Extensions and renewals:

If a visa holder’s employer needs past TLCs or PERM for extensions, amendments, or renewals, missing records could delay or complicate the process.

 

Green Card applications:  

Those transitioning from an H-1B or other work visa to a green card via PERM may need to reference previous filings. If records are deleted and not properly stored by the employer, proving eligibility could become harder.

 

Audits and compliance reviews:  

DOL or United States Citizenship and Immigration Services (USCIS) may request old TLC or PERM records during audits or status checks. If employers do not have them, visa holders might face delays or additional scrutiny.

 

Transfers to a new employer:  

When switching jobs, visa holders often need prior TLC or PERM details for portability. If those records are unavailable, the new employer may face difficulties in filing a new petition.

 

While the deletion itself does not change anyone’s visa status, missing records could create bureaucratic hurdles for future immigration processes.

 

What can employers do?

 

To avoid potential complications, employers should:

 

Download all necessary records before the March 19 deadline.

Check internal archives to ensure they have backups of key documents.

Consult legal advisors if past case records are needed for ongoing applications.

Verify with NARA whether any relevant documents have been preserved.

 

If records are lost after deletion, employers may need to contact USCIS, the Department of Labor (DOL), or legal counsel to reconstruct case histories, which could delay or complicate future applications.

 

Note:

* H-1B visa is for skilled foreign workers in specialised fields like IT, engineering, and finance, typically requiring a bachelor’s degree.  

* H-2B visa is for temporary non-agricultural workers in roles like hospitality, construction, and landscaping, where there is a shortage of US workers.  

* H-2A visa is for seasonal agricultural workers hired by US farms to fill temporary labour shortages.  

* CW-1 visa is for foreign workers in the Commonwealth of the Northern Mariana Islands (CNMI) when no US workers are available.  

* H-1B1 visa is a variant of the H-1B for professionals from Chile and Singapore under free trade agreements.  

* E-3 visa is for Australian nationals working in speciality occupations in the US, similar to the H-1B but with fewer restrictions.