US Visa Data Purge: Employers Must Act Now to Save FLAG Records

The U.S. Department of Labor will delete foreign labor records older than five years from the FLAG system starting March 20, 2025. Employers must act now to retain essential case files.

Attention U.S. employers and foreign nationals seeking temporary or permanent work visas! A significant data purge is coming to the Department of Labor’s Foreign Labor Access Gateway (FLAG) system. This crucial update impacts applications for H-1B, H-2A, H-2B, and other key visa categories.

What is FLAG and Why Does It Matter?
The Foreign Labor Access Gateway (FLAG) serves as the central hub for U.S. employers to navigate the complexities of hiring foreign workers. It houses vital applications like Temporary Labor Condition Applications (H-1B, H-1B1, E-3) and Permanent Labor Certification Applications (PERM). This platform is essential for ensuring compliance and facilitating the legal employment of foreign labour in the United States.

Key Changes to the FLAG System
Starting March 20, 2025, the OFLC will begin deleting older case records from the FLAG system as part of its approved Record Control Schedule. The update mandates the removal of records that are more than five years old from their final determination date.

The FLAG system, which serves as a digital platform for managing foreign labour certification processes, stores applications for multiple visa categories, including:

• H-1B, H-1B1, and E-3 visas (Temporary Labor Condition Applications)
• H-2A and H-2B visas (Temporary Agricultural and Non-Agricultural Worker Certifications)
• CW-1 visas (CNMI-Only Transitional Worker Program)
• PERM (Permanent Labor Certification Applications)
• Prevailing Wage Determinations (PWD)

Employer Action Required Before March 19, 2025
Employers with case records older than five years from their final determination date are strongly advised to download and save these records before the March 19, 2025, deadline. After this date, affected files will be permanently deleted from the FLAG system.

For example, cases with a final determination date of March 21, 2020, will be deleted on March 21, 2025. This systematic removal ensures compliance with the National Archives and Records Administration (NARA) guidelines, which dictate the retention and disposal of government records.

What Happens to Deleted Records?
Records classified as “permanent” due to their historical value will be transferred to the National Archives of the United States. Meanwhile, all other records will be considered “temporary” and destroyed in accordance with NARA’s Record Control Schedule.

Why This Matters for Employers and Foreign Workers
The FLAG system is crucial for U.S. businesses employing foreign talent, and the deletion of older records could impact future applications, audits, or legal compliance. Employers should review their stored applications and ensure they retain necessary documentation before the deadline.

Next Steps for Employers

• Review your FLAG records: Immediately check your existing records to identify any cases older than five years.
• Download critical documents: Download and save all necessary records before the March 19, 2025 deadline.
• Stay informed: Keep abreast of updates from the OFLC regarding this data purge and other related changes.
• Consult with immigration professionals: If you have any concerns or questions, consult with an experienced immigration attorney.

This change highlights the importance of maintaining proper documentation when hiring foreign workers. Employers should take immediate action to safeguard their records and ensure uninterrupted access to critical employment data.

Source: https://travelobiz.com/us-visa-data-purge-employers-must-act-now-to-save-flag-records/