OFLC records are now covered by a detailed public policy explaining how long Foreign Labor Application Gateway case files remain available, when the retention period begins and what employers, attorneys and other stakeholders should do before records are destroyed.
The U.S. Department of Labor’s Office of Foreign Labor Certification published its OFLC Records Management page on September 17, 2026. The newly published OFLC records guidance says case files maintained in FLAG are generally retained for five years after a final determination, under a records schedule approved by the National Archives and Records Administration.
This OFLC records policy affects records connected to several major employment-based immigration programs, including permanent labor certification, temporary labor certification, prevailing wage determinations and labor condition applications. It also explains how the public can search for available information through FLAG, disclosure data and the Freedom of Information Act process.
Table of Contents
What the new OFLC records guidance says
The Department of Labor says OFLC manages its records under federal records-management requirements, applicable NARA General Records Schedules and an agency-specific approved records schedule. Each category of record has its own retention period and disposition instructions.
Program case files are maintained electronically in FLAG. Other OFLC records are kept outside the system under the retention rules that apply to their particular category. Records are not supposed to be destroyed before the applicable retention period expires.
The relevant NARA authority for FLAG case files is record schedule DAA-0369-2022-0001-0002, which covers Foreign Labor Certification application issuance case files. The schedule treats these case files as temporary records rather than permanent historical records.
Most FLAG case files are retained for five years
The central rule is that OFLC records in FLAG are retained for five years after the final determination on a Foreign Labor Certification application. The final determination is the point at which no further action can be taken on the case.
For a case decided by OFLC without an appeal, the five-year period begins on the date of the agency’s decision. That means the relevant date is not necessarily the date an application was submitted, the date an employer uploaded documents or the date a worker’s employment began.
The calculation is different when a case reaches the Board of Alien Labor Certification Appeals, commonly known as BALCA. When BALCA issues a final decision affirming the underlying denial, the five-year period begins on the date of that final BALCA decision.
If BALCA remands a case for additional review, the retention period does not begin immediately. Instead, the period starts after the later review and any subsequent actions are complete and no further action can be taken.
| Case situation | When the five-year period begins |
|---|---|
| OFLC decides the case and there is no appeal | Date of OFLC’s decision |
| BALCA affirms an underlying denial | Date of the final BALCA decision |
| BALCA remands the case | After all later actions are complete and the case is final |
Which immigration programs are affected?
The policy applies to FLAG case files involving a broad range of foreign labor certification and related employment programs. The Department’s earlier implementation notice identified Prevailing Wage Determinations, PERM applications, H-2A and H-2B temporary labor certification applications, CW-1 applications and H-1B, H-1B1 and E-3 labor condition applications.
As a result, employers and representatives should consider the policy when maintaining records for permanent labor certification, seasonal agricultural workers, temporary nonagricultural workers, Commonwealth of the Northern Mariana Islands workers and specialty occupation or treaty-related labor condition applications.
The five-year FLAG rule does not mean that every document connected to an immigration matter is automatically destroyed on the same date. Other agencies, programs, audits, investigations, litigation obligations and employer recordkeeping rules may impose separate requirements. The OFLC page addresses the agency’s own records and should not be treated as a complete retention schedule for an employer’s files.
How OFLC records are destroyed
When eligible OFLC records reach the end of the five-year retention period, disposition is carried out automatically through FLAG under the applicable federal records requirements. The Department says the records remain in FLAG for the full retention period and are not moved or separated during that time.
Once the destruction date is reached, the records are permanently destroyed and are no longer available through the system. OFLC states that current records are electronic and that backup copies are also destroyed when the covered electronic records are destroyed. The agency further says it no longer possesses paper copies that could serve as duplicates of destroyed electronic records.
This makes timing important for anyone who may later need a complete application file, supporting documentation or correspondence. A case that is still within the retention period may be obtainable through one of the available access channels. A case that has passed its destruction date may not be recoverable through FLAG or a later FOIA request.
How employers and attorneys can retrieve case information
The Department identifies several ways to search for or obtain OFLC records before they are destroyed.
- FLAG access: Authorized users may retrieve case information through the FLAG portal, subject to system permissions and published procedures.
- Employer and representative accounts: Employers and their authorized attorneys or agents may access extensive information about their applications, including forms and correspondence.
- Case status search: Individuals with a case number can use the FLAG Case Status Search to check an application’s status.
- OFLC disclosure data: The agency publishes quarterly disclosure files containing case-level information for covered programs.
- FOIA requests: Records that are not available through public disclosure may be requested through the Department of Labor’s FOIA process.
These options do not provide identical information. A public disclosure file may show case-level data without providing every form, attachment or piece of correspondence in the underlying file. FLAG access may provide more extensive information to authorized users, while FOIA requests remain subject to applicable exemptions and the agency’s ability to locate and possess the requested records.
What stakeholders should do before the deadline
Employers, immigration attorneys, agents and other stakeholders should review their FLAG accounts and internal files for cases approaching the five-year limit. The OFLC records policy’s implementation notice instructed stakeholders in 2025 to download older case records before the deletion process began on March 20, 2025. The newly published records-management page provides a continuing explanation of the policy and access options.
- Identify the final determination date for each case.
- Check whether the case was appealed to BALCA or remanded for further action.
- Calculate the five-year period from the legally relevant final date, not simply from the filing date.
- Download forms, decisions, correspondence and other available materials from FLAG.
- Keep downloaded records in the employer’s immigration or compliance files according to applicable legal and business requirements.
- Use OFLC disclosure data or a FOIA request when information is not available through the portal.
Stakeholders should also distinguish between an application’s status and the complete underlying file. A case-status search may confirm that an application exists or show a decision, but it may not preserve every document that could later be needed for an audit, response to an investigation or review of a prior filing.
What the NARA schedule means for public access
The NARA-approved schedule does not require every OFLC record to be preserved permanently. The schedule separates temporary case files from disclosure and aggregate data that may be preserved under different rules.
NARA’s approved schedule identifies OFLC application case files as one category and aggregate or disclosure data as another. The disclosure-data category has different disposition treatment, which helps explain why public statistical files may remain available even after an individual case file has reached the end of its retention period.
For researchers, journalists, worker advocates and members of the public, the practical result is that published disclosure data may remain the most accessible source for historical program information. Those files should not be assumed to contain the same detail as an individual employer’s case file.
Why the policy matters
The guidance gives employers and representatives a clearer schedule for preserving immigration-related case materials. It also limits expectations about how long the federal government will maintain individual labor certification records.
For current cases, the policy provides several routes to retrieval. For older cases, it reinforces the need to obtain and preserve copies before the records become eligible for automatic destruction. It also clarifies that submitting a FOIA request after destruction cannot restore records that OFLC no longer possesses.
Questions about OFLC records retention can be directed to the OFLC Records Management office. Technical questions about FLAG access should be directed to the FLAG support desk.
Frequently Asked Questions
How long does OFLC retain case records in FLAG?
OFLC says FLAG case records are generally retained for five years after the final determination on a Foreign Labor Certification application.
When does the five-year OFLC retention period begin?
For cases decided without appeal, it begins on the date of OFLC’s decision. For appealed cases, it generally begins on the date of the final BALCA decision affirming the denial. If BALCA remands a case, the period begins after all later actions are complete and no further action is possible.
Can an employer retrieve an OFLC case after it is destroyed?
No. OFLC says records are permanently destroyed after the authorized retention period and are no longer available, including through backup copies or paper duplicates held by the agency.
How can someone request OFLC records?
Available options include authorized access through FLAG, the FLAG Case Status Search, quarterly OFLC disclosure data and a Freedom of Information Act request for records not otherwise publicly available.
Does the five-year rule apply to every immigration document an employer has?
No. The policy addresses OFLC’s own records in FLAG and related agency records. Employers and representatives may have separate obligations to retain documents under other laws, regulations, audits, investigations or litigation requirements.
Fact-Checked: Reviewed against the U.S. Department of Labor OFLC Records Management page published September 17, 2026, the OFLC implementation notice, and the NARA-approved records schedule.
Disclaimer: This article is for general information and is not legal advice. Retention obligations may vary by program, case status and separate employer or litigation requirements.
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