OFLC Records Retention Policy Synopsis

The Office of Foreign Labor Certification (OFLC) manages its records in accordance with the National Archives and Records Administration (NARA) requirements, applicable NARA General Records Schedules (GRS), and OFLC's approved records schedule. This schedule governs how long OFLC records are retained and when they are eligible for disposition.

OFLC program case files are maintained electronically in the Foreign Labor Application Gateway (FLAG) system. All other OFLC records are maintained outside of FLAG in accordance with the applicable NARA General Records Schedules (GRS). Each record category has its own NARA-approved retention period.

Records are retained for the period specified in the approved schedule and disposed of through authorized destruction in accordance with federal requirements. No records are destroyed before their authorized retention period expires.

For questions about OFLC records retention, contact the OFLC Records Management office at OFLCRecordsManagement@dol.gov.

How FLAG Records Are Retained and Disposed

FLAG contains records related to employer applications for temporary and permanent labor certification programs, and is retained and disposed of in accordance with OFLC's NARA-approved records schedule (DAA-0369-2022-0001-0002).

Retention

Case records in FLAG are retained for 5 years after the final determination on each Foreign Labor Certification (FLC) application, under approved disposition authority DAA-0369-2022-0001-0002. For purposes of this schedule, final determination means the point at which no further action can be taken on the case.

  • For cases decided by OFLC without appeal, the final determination is the date of OFLC's decision.
  • For cases appealed to the Board of Alien Labor Certification Appeals (BALCA), the 5-year retention period begins on the date of the final BALCA decision that affirms the underlying denial.
  • Where BALCA remands a case for additional review, the retention period does not begin until all subsequent actions are complete and no further action can be taken on the case.

Records remain in FLAG for the full retention period and are not moved or separated.

Disposition

When records reach the end of their 5-year retention period, disposition is carried out automatically through FLAG in accordance with NARA requirements. Records covered under this schedule are designated as temporary.

FOIA and Records Availability

Access to Available Records

Data Disclosure: In carrying out its responsibility for the processing of prevailing wage, labor certification, and labor condition applications, the Office of Foreign Labor Certification (OFLC) generates an extensive amount of program data that is useful to a wide range of external stakeholders, including Congress, researchers, media organizations, industry associations, worker advocacy organizations, and the general public. This information can be found on our performance data disclosure page (https://www.dol.gov/agencies/eta/foreign-labor/performance).

Freedom of Information Act (FOIA)

Members of the public interested in obtaining copies of labor certification records or other information maintained by OFLC may submit a Freedom of Information Act (FOIA) request. Information about how to submit a FOIA request is available at https://www.dol.gov/general/foia/submit.

Please note: Once a record meets its destruction date, it is permanently destroyed and is no longer available. All current OFLC records are electronic records and when electronic records are destroyed, so are any back-up copies. There are no paper records which might contain copies of destroyed electronic records. Any paper records associated with OFLC have been disposed of according to the appropriate NARA schedule and OFLC no longer possesses any paper records.

How to Search and Retrieve Cases from FLAG

There are several ways to obtain case information from OFLC, including methods which will provide immediate access to information. Stakeholders can search and retrieve case information through the following methods:

  • FLAG Online: Authorized users may retrieve case information through the Foreign Labor Application Gateway (FLAG), subject to system permissions and published access procedures (https://www.dol.gov/agencies/eta/foreign-labor/programs/flag-resources).
  • Employers and their authorized attorneys and agents may access extensive information from the FLAG portal about their applications, including forms and correspondence.
  • Individuals with a case number may obtain the status of an application by using the FLAG Case Status Search.
  • OFLC Case Disclosure Data: OFLC publishes quarterly disclosure data files that include case-level information for each program. These files are available for download on the OFLC Performance Data page (https://www.dol.gov/agencies/eta/foreign-labor/performance).
  • FOIA Requests: Records not available through public disclosure may be requested through the Department of Labor's Freedom of Information Act (FOIA) process (https://www.dol.gov/general/foia).

For technical questions about FLAG access, contact the FLAG support desk at https://flag.dol.gov/support/contact.

For questions about OFLC records retention or availability, contact the OFLC Records Management office at OFLCRecordsManagement@dol.gov.