US Department of Labor to Erase Previous H1B Visa Records: What Applicants Should Know
In a big development, the US Department of Labor has indicated that it would erase previous H1B visa records. The move is set to affect applicants and employers who use the records for different purposes. In this article, we will examine the details of this move and how it will affect applicants.
What Records Will Be Erased?
The US Department of Labor will be destroying obsolete Labor Condition Applications (LCAs) involving H1B visas. LCAs are records employers have to submit to the Department of Labor prior to the employment of foreign workers on H1B visas. LCAs provide details regarding the employer, the position, and the prevailing wage.
Why Are These Records Being Deleted?
The Labor Department has confirmed that the reason for deleting existing LCA records is to better manage data and lower storage costs. The department will be eliminating records older than six years because such records are no longer necessary for enforcement or compliance purposes.
How Will This Affect Applicants?
The elimination of old LCA records may affect applicants in the following ways:
Loss of Historical Records: Erasure of previous LCA records implies that historical records pertaining to H1B visa petitions will be lost. Such information may be helpful in terms of research and analysis.
Effect on Future Applications: The erasure of previous LCA records might not have a direct effect on future H1B visa applications, but it might render it more challenging for applicants to prove their eligibility for the visa. For instance, the applicants might be required to submit further documentation to establish their work history or credentials.
Employer Compliance: Previous filers of LCAs might be required to verify that they have kept copies of the same, as they might be called upon to present them in case of audits or investigations.
What Can Applicants Do?
Applicants can take the following steps to reduce the effects of the deletion of older LCA records:
Retain Copies of LCA Records: Applicants should ensure that they have retained copies of their LCA records, including the certified LCA and any supporting documentation.
Maintain Accurate Records: Applicants should maintain accurate and up-to-date records of their work history, qualifications, and other relevant information.
Advise an Immigration Attorney: Candidates worried about the implications of the destruction of old LCA records for their H1B visa petition should advise with a seasoned immigration attorney.
Ultimately, the US Department of Labor's destruction of old H1B visa records could have strong implications for both applicants and employers. Though the ruling is to enhance data management, it will affect the access to historical data and pose challenges to applicants seeking to prove their eligibility for the visa. Through keeping copies of LCA records, keeping correct records, and seeking the services of an immigration lawyer, applicants can reduce the effects of this ruling.