H-1B visa application to be deleted starting March 20: All you need to know

The Foreign Labor Access Gateway (FLAG will begin deleting older case records starting March 20, 2025, Business Today reported on Wednesday

FLAG is a crucial system that helps US employers find qualified workers while ensuring protections for US and foreign workers, the Financial Express reported.

It further explained that all Temporary Labor Condition Applications such as H-1B, H-1B1, H-2A, H-2B, E-3 visas and even Permanent Labor Certification Applications (PERM) are stored in FLAG.

Beginning this week, these applications will be eliminated from the FLAG system, Financial Express also reported.

As per the reports, the Department of Labor’s Employment and Training Administration, Office of Foreign Labor Certification (OFLC) informed various stakeholders that records will be deleted from the Foreign Labor Application Gateway (FLAG) system beginning at midnight on March 20.

OFLC reportedly provided public notice regarding its implementation of the approved Record Control Schedule, which requires the deletion of records within the Foreign Labor Access Gateway (FLAG) older than 5 years from the final determination date.

This means that if a US employer has cases older than five years from the date of final determination within the FLAG system, they have been asked to download those cases no later than March 19, 2025.

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

What will be impacted?

> 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)

Implementation of the approved Record Control Schedule will begin on and after Thursday, March 20, 2025.

Why are the records being deleted?

Business Today reported that 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.

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.