Starting March 20, 2025, the U.S. Department of Labor (DOL) will begin deleting H-1B visa records and other visa application data older than five years from its Foreign Labor Application Gateway (FLAG) system.
This major policy shift could have Circa 2025 could have far-reaching implications for H-1B visa holders, employers, and legal teams.
Here’s everything you need to know about this change, its impact, and what you can do to protect yourself.
Table of Contents
What’s Happening with H-1B Visa Records?
As of midnight on March 20, 2025, the DOL’s Office of Foreign Labor Certification (OFLC) will start purging records from the FLAG system that are over five years old, based on their final determination date.
This includes applications for H-1B visas, as well as other programs like H-1B1, H-2A, H-2B, E-3, and Permanent Labor Certification (PERM).
Once deleted, these records will no longer be accessible, marking a significant departure from past practices where data was typically archived rather than erased.
For example, cases with a final determination date of March 21, 2020, will vanish from the system on March 21, 2025.
This mass deletion aims to streamline the FLAG system but raises concerns for those relying on historical data.
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Why Does This Matter?
The deletion of H-1B visa records could create challenges for applicants, employers, and attorneys.
Without access to past filings, proving prior visa approvals or employment history becomes trickier.
This is especially critical for:
Visa renewals: You may need old Labor Condition Applications (LCAs) or I-797 approval notices.
Employer verification: Companies might struggle to confirm past employment without records.
Legal disputes: Historical data could be vital for resolving immigration-related issues.
If you or your employer didn’t save copies of these documents, re-establishing your immigration history could turn into a bureaucratic nightmare.
HR teams and immigration lawyers will now need to double down on meticulous record-keeping to avoid future headaches.
Which Programs Are Affected?
The DOL’s record purge doesn’t just target H-1B visas.
It impacts several Foreign Labor Certification programs, including:
Prevailing Wage Determinations (PWD): Wage assessments for foreign workers.
Permanent Labor Certification (PERM): Green card-related applications.
Temporary Labor Certifications: H-2A (agricultural), H-2B (non-agricultural), and CW-1 (Commonwealth of the Northern Mariana Islands) visas.
Temporary Labor Condition Applications: H-1B, H-1B1 (for Chile and Singapore), and E-3 (for Australia) visas.
Not every record will disappear immediately—only those past the five-year mark from their final determination date.
Employers had until March 19, 2025, to download any relevant files from FLAG.
What Should H-1B Visa Holders Do?
With this new rule in effect, proactive steps are essential.
Here’s how to safeguard your future:
Keep Personal Copies: Store all immigration documents—LCAs, I-797 forms, PERM certifications—securely in digital and physical formats.
Urge Employers to Archive: Companies should back up employee visa records outside government systems.
Act Fast: If your records are nearing the five-year mark, download them from FLAG before they’re gone.
Stay Organized: U.S. immigration policies evolve constantly—being prepared is your best defense.
Taking these steps now can save you from costly delays or complications later.
The FLAG System: A Quick Overview
The Foreign Labor Application Gateway (FLAG) is the DOL’s online portal for managing labor certification applications.
It ensures U.S. employers can hire skilled foreign workers while protecting both domestic and international labor standards.
FLAG handles applications for temporary visas (like H-1B and H-2A) and permanent residency certifications (PERM).
However, with records now expiring after five years, reliance on this system alone is no longer enough.
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H-1B Registration: A New Era
While the DOL deletes old records, the H-1B registration process itself is evolving.
The U.S. Citizenship and Immigration Services (USCIS) has rolled out a beneficiary-centric selection process for H-1B visas.
Unlike the old lottery system, this method focuses on individual beneficiaries rather than the number of registrations filed.
Here’s how it works:
Each unique beneficiary is entered into the selection pool once, no matter how many employers submit registrations on their behalf.
This levels the playing field, reducing the chance of “gaming” the system by flooding it with duplicate entries.
Data from the latest H-1B cap season shows this approach is working—selection odds are now fairer, curbing exploitation by firms or individuals.
H-1B Cap Season 2026: Key Dates and Costs
The next H-1B cap season kicks off soon. Mark your calendar:
Registration Opens: March 7, 2025
Registration Closes: March 24, 2025
Selection Completed: By March 24, 2025
Employers and their representatives must register beneficiaries electronically via a USCIS online account during this 14-day window.
The cost? $215 per registration, payable for each beneficiary.
Once selected, petitioners can file full H-1B petitions.
Each fiscal year (October 1 to September 30), Congress caps H-1B visas at:
65,000 under the standard quota.
20,000 under the master’s cap (for those with advanced U.S. degrees).
Why H-1B Visas Matter
The H-1B program lets U.S. employers hire foreign workers in specialty occupations—jobs requiring specialized knowledge and at least a bachelor’s degree.
It’s a lifeline for industries like tech, healthcare, and education.
Fun fact: Between October 2022 and September 2023, 72.3% of H-1B visas went to Indian workers, who also hold 28% of U.S. jobs for international students.
The Bigger Picture
The DOL’s decision to delete H-1B visa records reflects a broader push to modernize immigration systems.
But it’s a double-edged sword—while it declutters databases, it shifts the burden of record-keeping onto individuals and employers.
Coupled with the beneficiary-centric selection process, these changes signal a new chapter for U.S. immigration policy.
For H-1B hopefuls, the message is clear: stay ahead of the curve.
With records vanishing and rules tightening, preparation is your strongest ally.
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