Employers that sponsor H-1B workers in the United States must keep a detailed Public Access File (PAF) for each Labor Condition Application (LCA) they file. This file holds key proof that the employer is paying proper wages, offering fair benefits, and giving required notice to other workers. The law also requires the Public Access File to be available for public inspection very quickly after the LCA is filed, and it must be retained for a specified period.
Which employers must keep a Public Access File
Any U.S. company or organization that files an H-1B petition with an approved Labor Condition Application (LCA) is required to keep a Public Access File for that LCA. This includes:
- Large tech firms
- Small start‑ups
- Universities
- Hospitals
- Non‑profits
The duty to create and maintain the PAF begins as soon as the employer files the LCA with the Department of Labor (DOL). The documents must be ready for inspection no later than one working day after filing the LCA. An H-1B employer must then keep the PAF for one year beyond the later of the last day the worker is employed in H-1B status or the LCA expiration date.
Important: Documents must be available quickly — typically within one working day of filing the LCA.
Core documents every PAF must contain
For each certified LCA, the Public Access File must include very specific records. The list below presents each required item with common examples of acceptable evidence.
| # | Required Document | Typical Evidence / Notes |
|---|---|---|
| 1 | Certified Labor Condition Application | A signed copy of the certified LCA, Form ETA 9035 or ETA 9035E — often the version downloaded from the DOL portal after certification or the certified version submitted through the ETA 9035/9035E system. |
| 2 | Exact rate of pay for the H-1B worker | Offer letter, payroll printout, or internal memo showing the actual pay rate listed on the LCA. |
| 3 | Explanation of the “actual wage” system | A written explanation (pay scale, salary band chart, or policy memo) describing how wages are set and how raises are given. |
| 4 | Documentation of the prevailing wage and its source | Printout from the Foreign Labor Certification Data Center, private wage survey, or similar — plus a short note on the method used. |
| 5 | Proof that LCA notice was given | Copies of posted notice, screenshots of electronic postings, emails to workers, and notes of dates/locations where notice was provided. |
| 6 | Summary of benefits for U.S. and H-1B workers | Summary showing health insurance, retirement plans, bonuses, etc., demonstrating H-1B workers receive benefits on the same basis as U.S. workers in similar positions. |
| 7 | List of related entities treated as a “single employer” | If applicable, list related entities and include documents explaining the relationship (e.g., merger papers, corporate charts). |
| 8 | Extra records for H-1B‑dependent or willful violator employers | List of “exempt” H-1B workers and a summary of recruitment steps for non‑exempt H-1B hires, where required. |
Where the Public Access File must be stored
DOL rules permit the PAF to be stored in one of two places:
- The employer’s main office in the United States, or
- The actual place of employment listed in the LCA.
Many employers keep an electronic PAF in a shared drive or document system, but they must be able to print or display it quickly if someone requests access. Keep the PAF separate from personnel files, I-9 forms, and confidential HR records to avoid accidental disclosure of private information.
Public inspection and DOL audits
- Any person from the public may request to see the Public Access File for a specific H-1B worker or LCA.
- Employers must permit inspection and allow copying by photo, scan, or written notes. There is no obligation to provide free paper copies.
- Blocking or refusing access can lead to a complaint with the DOL.
- During DOL investigations or random audits, officers can demand PAFs and typically expect them within one working day.
According to analysis by VisaVerge.com, many H-1B enforcement cases begin with basic record‑keeping failures (e.g., missing wage data or no proof of LCA posting). Maintaining a complete and well-organized PAF can greatly reduce enforcement risk.
Key takeaway: Clean record-keeping prevents many enforcement actions.
Step‑by‑step process to build a compliant PAF
Treat the Public Access File as a checklist that follows the LCA lifecycle.
- Before filing the LCA
- Prepare the job description, wage level, and work location details.
- Ensure the prevailing wage and actual wage systems are documented and clear.
- When filing Form ETA 9035/9035E
- Submit the LCA through the DOL system.
- Once certified, place the signed certified copy immediately into the PAF.
- Within one working day of filing
- Add wage rate proof, an actual wage memo, a prevailing wage explanation, and notice evidence.
- Verify that dates align with the LCA timeline.
- After the H-1B petition is filed
- Add updated benefit summaries or policy changes that affect the H-1B worker.
- During the worker’s employment
- Keep the PAF current when there are wage raises tied to the LCA, new worksites, or corporate changes affecting single‑employer status.
- After employment or LCA expiry
- Retain the file for one year beyond the later of the LCA end date or the employee’s last H-1B day, then archive or destroy according to company policy.
Practical examples that help meet PAF requirements
- Example 1: Software company hires a first H-1B engineer. HR writes a one‑page memo explaining the actual wage system, includes salary bands for junior/mid/senior engineers, and explains bonus calculations. That memo, plus a prevailing wage printout from the DOL source and the signed ETA 9035E, forms a robust PAF entry.
- Example 2: University hospital hires multiple H-1B doctors. HR places a copy of the standard benefits booklet into each PAF and adds a note that the same benefits apply to all full‑time physicians (U.S. and H-1B). This allows instant proof of parity during DOL inspections.
Official guidance and extra resources
The U.S. Department of Labor publishes detailed rules on H-1B wage and LCA requirements on its H-1B program page. Employers should review that guidance and consult their legal counsel.
- That page explains employer wage duties, worker protections, and possible penalties for missing or incorrect records.
- Keep copies of any instructions shown when filing Form ETA 9035 or ETA 9035E online, in case DOL questions a chosen wage source or posting method.
- Because the PAF is open to employees, unions, and the public (including reporters), a tidy, complete PAF demonstrates the company’s compliance and respect for both U.S. and foreign workers.
Practical recommendation: Use a simple, consistent checklist for each LCA so PAFs remain audit-ready and available for public requests at any time.
Employers sponsoring H-1B workers must create a Public Access File for each certified LCA and make it available within one working day of filing. Required documents include the certified ETA 9035/9035E, exact pay-rate proof, prevailing wage source, actual-wage explanation, notice evidence, benefits summary, and related-entity lists. The PAF may be stored at the main office or worksite and must be retained for one year beyond the later of the LCA expiration or the employee’s last H-1B day.
