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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchAudit H-1B records by connecting each worker to the Labor Condition Application (LCA), petition and worksite information, payroll, wage methodology, notice evidence, and required public access file (PAF). Then document discrepancies and route fact-specific questions—especially wage, worksite, and filing questions—to qualified immigration counsel before deciding whether a violation occurred or a correction is needed.
This is an employer-side review framework, not a determination that any company is compliant. The Department of Labor (DOL) distinguishes records available to the public from employer records that may be reviewed by its Wage and Hour Division (WHD). A PAF review alone is not a full compliance audit.
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What an H-1B audit should establish
The purpose of an internal audit is to determine whether the employer can connect its H-1B commitments to evidence of actual employment. For each worker and relevant period, the review should be able to follow the chain from the applicable LCA and its wage basis to payroll, benefits, notice documentation, worksite information, and the records supporting the employer’s hiring and employment decisions.
An exception is a discrepancy that needs explanation, not automatic proof of a violation. A different job title in two systems, a pay difference, or a worksite address that does not match the LCA may reflect an administrative error, a change requiring legal analysis, or a substantive problem. Preserve the relevant records and seek legal review before drawing a conclusion or making a filing decision.
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Build a worker-to-case inventory first
Start with a roster that lets an auditor find the relevant records without relying on a single system or one person’s memory. Use a consistent worker identifier and record the employing entity, job and occupation, relevant employment dates, and payroll system or provider. Connect each worker to the applicable petition records, LCA or LCAs, and worksite or worksites.
Where a worker has had more than one role, location, employer entity, or period of employment, represent those changes as separate dated entries rather than collapsing them into one current-state record. That makes it possible to test the right documents against the right period. The inventory is a navigation and reconciliation tool; it does not replace the underlying source documents.
- Identify the H-1B worker and employing entity.
- Record the job, occupation, employment dates, and known worksite locations.
- Associate the relevant LCA and petition records with the worker and period.
- Identify the payroll system or provider and where supporting records are held.
- Track whether each expected record was located, reviewed, or referred for follow-up.
Give the inventory an owner and a defined “as of” date. Ask payroll, HR, immigration operations, and the worksite contact to validate the fields they control instead of treating a single export as authoritative. Record the source and retrieval date for information that may change, such as a current worksite address or a worker’s status in a payroll system. If the roster shows an active worker but the petition or LCA record cannot be located, leave the entry open for follow-up rather than assuming the document does not exist.
Review the public access file separately
DOL Fact Sheet 62F describes the PAF materials an H-1B employer must make available to the public within one working day after filing the LCA. Review each file against the applicable LCA and confirm that the materials are organized so they can be produced for inspection. The fact sheet says members of the public may inspect the records and capture information; it does not require the employer to provide copies under that fact sheet.
Core PAF materials
- The LCA.
- The H-1B worker’s rate of pay.
- A full explanation or summary of the employer’s actual wage system.
- The prevailing wage rate and its source.
- Documentation showing that the notice requirement was satisfied.
- A summary of benefits offered to U.S. workers and H-1B workers.
- A list of entities included as a “single employer,” where applicable.
Corporate changes and additional disclosures
For a corporate change, Fact Sheet 62F also identifies successor-entity documentation, the list of transferred workers, affected LCA numbers and dates, a description of the successor’s actual wage system, and the successor’s employer identification number (EIN). H-1B-dependent employers and willful violators have added disclosure requirements in applicable cases, including an exempt-worker list and recruitment-method summary.
When checking a PAF, compare the file’s identity and dates with the worker-to-case inventory. A complete-looking packet can still be associated with the wrong worker, employer entity, LCA, or employment period. Where there has been a corporate change, make sure the file review accounts for the transferred-worker and affected-LCA details described by DOL rather than relying only on the successor’s current records.
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Fact Sheet 62F is an older agency fact sheet. Treat it as a useful checklist, not as a complete statement of current law: verify the current regulations and agency materials before relying on it to determine the contents or handling requirements for a particular file.
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Reconcile pay, hours, benefits, and working conditions
DOL says the H-1B worker must receive at least the actual wage paid to similarly experienced and qualified workers or the prevailing wage for the occupation and area of intended employment, whichever is higher. The department summarizes the rule on its H-1B Workers page as: “Your employer must pay you at least the actual wage or the prevailing wage, whichever is higher.” For an employer audit, the central task is to identify the applicable wage basis and compare it with evidence of what the worker was actually paid.
- Identify the applicable wage evidence. Locate the LCA and the records supporting the actual-wage system and prevailing-wage rate and source. Determine which employment period and intended area the documents concern.
- Compare wage and payroll records. Check the worker’s pay against the applicable wage obligation using payroll records and the relevant hours information. For hourly or part-time workers, include hours worked in the reconciliation; do not infer compliance from an annual salary figure alone.
- Review related pay details. Examine gross pay, deductions, net pay, and the relevant benefit-plan information. Note differences between the records rather than resolving them by assumption.
- Test the actual-wage comparison. Where the employer’s actual-wage basis depends on similarly experienced and qualified workers, identify the comparator evidence and the wage methodology used. A job title match by itself does not establish that the comparison is appropriate.
- Check conditions beyond the wage amount. Review evidence relevant to benefits, employer-caused nonproductive time, employer business expenses, and working conditions. DOL describes protections in these areas, including benefits and working conditions on the same basis and criteria provided to similarly employed U.S. workers.
For the comparator check, DOL Fact Sheet 62D identifies information about other workers employed in the same occupation at the place of employment, as well as information about H-1B workers. The records it describes include names, addresses, occupation, and Social Security account numbers, alongside pay and benefit information. Handle those records as sensitive employer records, limit access to people conducting or supporting the review, and do not place them in the PAF merely because they help explain the actual-wage comparison.
Use a consistent period when reconciling the LCA wage basis with payroll. If the LCA and payroll reports use different pay periods or data fields, preserve both records and state the basis of the comparison so another reviewer can reproduce it. Review gross pay, deductions, and net pay as distinct data points: a net-pay figure alone may not explain the wage amount, while a deduction or expense entry may warrant a separate question. DOL describes protections related to employer business expenses and employer-caused nonproductive time, so those items should be identified and referred for assessment rather than ignored because base salary appears to meet a stated rate.
A payroll difference can have multiple explanations. Record the period, amounts or records in conflict, and the source documents reviewed; have counsel assess whether the difference affects the applicable obligation. Do not treat a spreadsheet variance alone as a legal finding.
Check notice and actual worksite evidence
For each relevant LCA, locate the documentation showing that the notice requirement was met. Compare the notice evidence with the LCA and the employment period it is intended to support. If documentation is missing, determine whether it is held in another system or by another responsible team before recording the file as incomplete.
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Separately compare the LCA’s intended employment location with available worksite records. Use dated records that can show where the worker actually performed work, rather than relying only on a current address field. If the inventory lists more than one worksite, review each location against the relevant LCA evidence and dates.
Keep notice and location testing as separate checks even when the same LCA is involved. A notice record does not, by itself, establish where the worker performed work, and a worksite record does not demonstrate that the notice requirement was satisfied. For each item, identify the specific LCA, location or notice evidence, and dates reviewed. If the available records are incomplete or use different address descriptions, record the discrepancy and ask the responsible team for context before treating it as resolved.
A mismatch is a reason to stop and obtain legal review, not a basis for an auditor to decide on their own that an amended petition, new filing, or other correction was required. Worksite questions can depend on facts not resolved by the general guidance summarized here. Preserve the records that show the location and timing, and ask counsel to assess the applicable requirements for the specific circumstances.
Keep PAF materials distinct from employer records
The PAF is not the entire H-1B case file. DOL Fact Sheet 62D describes employer records that must be maintained and made available to WHD on request. These include information about H-1B workers and other workers employed in the same occupation at the place of employment, as well as payroll and benefit information. Such records may contain sensitive personal information; do not treat them as public-file documents merely because they are relevant to the audit.
| Record set | What the review should establish | Access or timing described by DOL |
|---|---|---|
| Public access file materials | LCA, rate of pay, actual-wage system summary, prevailing wage and source, notice documentation, benefits summary, and applicable additional materials | Make available to the public within one working day after filing the LCA, as described in Fact Sheet 62F |
| Employer records for WHD review | Worker and comparator information, pay rates, hours for hourly or part-time workers, gross pay, deductions, net pay, and benefit-plan information | Maintain and make available to WHD on request, as described in Fact Sheet 62D |
| Payroll records described in the Employment Law Guide | Payroll records for H-1B workers and other employees in the occupational classification | Three years from creation, or longer if an enforcement proceeding is in effect |
The Employment Law Guide’s three-year period applies to the payroll records it describes. It should not be generalized to every immigration document. The sources cited here do not establish a complete, current retention schedule for every PAF, LCA, petition, Form I-9, or audit workpaper category. Verify the applicable retention rule for each category against current regulations and agency guidance; do not discard records solely because they fall outside the payroll period.
Keep a record of the date each payroll record was created if you need to calculate the three-year period described in DOL’s Employment Law Guide. The rule is not expressed as three years from the worker’s departure or from the date an audit begins. It also extends beyond that period when an enforcement proceeding is in effect. Because this is a payroll-record rule described for particular records, use a separate, verified retention analysis for other document categories instead of copying the same date into a universal immigration-record schedule.
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Document exceptions and corrective action
For every exception, create a record that allows another reviewer to understand what was checked and what happened next. This is practical audit discipline, not a claim that the fields below are a quoted regulatory retention rule.
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- Records reviewed and the systems or sources where they were found.
- The discrepancy, stated neutrally and precisely.
- The person or team responsible for follow-up.
- Any legal review or decision about remediation.
- The action taken and evidence showing completion.
Keep the original evidence available and distinguish a corrected data entry from a substantive remediation. If a record is missing, note the search performed and who was asked to locate it. If a discrepancy is resolved, retain the explanation and supporting evidence with the audit record. For unresolved matters, identify the next decision and owner rather than marking the item complete.
A useful exception log separates what is known from what remains to be determined. For example, note that a payroll report shows a stated amount for a defined period while the wage support identifies a different figure; do not label that difference a violation unless the appropriate legal review reaches that conclusion. Include enough information for follow-up—worker identifier, employment period, file or system searched, issue owner, and due action—without copying sensitive comparator details into a broadly accessible tracker.
Use a controlled audit sequence
- Set the scope. Define the entities, workers, and employment periods being reviewed. Identify who owns payroll, immigration records, benefits, and worksite information.
- Build the inventory. Connect each worker to the relevant LCA, petition records, job, location, dates, and payroll source.
- Check the PAF. Compare the file with Fact Sheet 62F’s listed materials, while verifying current requirements for the employer’s circumstances.
- Reconcile employment evidence. Compare the applicable wage basis with payroll and hours; then review benefits, working conditions, expenses, nonproductive time, and location evidence.
- Separate findings by type. Distinguish a missing document, inconsistent data, a possible substantive issue, and a question that requires legal interpretation.
- Assign and verify follow-up. Record an owner, action, and completion evidence for each exception. Escalate filing or legal questions to qualified counsel.
Before closing a review, trace a sample of inventory entries back to source records and confirm the links work for someone other than the person who built the roster. Check that the PAF deadline and WHD-facing records have not been conflated, that exceptions have an owner, and that items awaiting legal analysis remain open. The objective is not merely to produce a checklist marked complete; it is to leave a clear trail showing which records support the employer’s position and where a question still needs resolution.
Why current enforcement context matters
DOL’s H-1B program page says the department announced Project Firewall on September 19, 2025, as an enforcement initiative intended to protect wages and job opportunities and hold employers accountable for abuse of the H-1B process. DOL’s willful-violator page showed a list effective September 1, 2026, and last updated August 28, 2026. These are reasons to maintain accurate, traceable records, not evidence that any particular employer has violated the law.
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Keep the audit’s boundaries clear
This framework focuses on the DOL wage, LCA, PAF, notice, worksite, and employer-record issues described in the cited agency materials. Form I-9 obligations and USCIS petition-file audit requirements are distinct subjects; the sources described here do not provide a complete checklist for either. An employer conducting a broader immigration compliance review should verify those requirements separately against current primary-source guidance rather than treating a successful PAF or payroll review as a substitute.
Frequently Asked Questions
How do I audit my company’s H-1B records?
Start with a worker-to-case inventory linking each worker and employment period to the employing entity, job and occupation, LCA, petition records, worksite, and payroll source. Then review the PAF, reconcile the wage basis with payroll and hours, check benefits and working conditions, verify notice and worksite evidence, and document exceptions with an owner and follow-up action. Route filing or legal questions to qualified immigration counsel.
What documents belong in an H-1B public access file?
DOL Fact Sheet 62F lists the LCA, the H-1B worker’s rate of pay, a description or summary of the actual wage system, the prevailing wage and its source, notice documentation, and a benefits summary. It also identifies applicable single-employer and corporate-successor materials. H-1B-dependent employers and willful violators have additional disclosures in applicable cases. Verify current requirements because the fact sheet is older.
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DOL’s Employment Law Guide describes a three-year period from creation for the payroll records it covers, or longer if an enforcement proceeding is in effect. Do not apply that period automatically to every PAF, LCA, petition, Form I-9, or audit workpaper; verify each category’s current retention requirements.
Does a complete PAF establish that an employer has passed an H-1B audit?
No. The PAF is a public-facing record set, while DOL Fact Sheet 62D describes additional employer records that must be maintained and made available to WHD on request, including worker, comparator, payroll, and benefit information. A PAF review is only one part of an internal compliance review.
What should an employer do if the LCA, payroll, notice, or worksite records do not match?
Preserve the relevant records, describe the discrepancy neutrally, and record the worker and period affected. Check whether missing evidence is held in another system or by another team, then obtain legal review for fact-specific wage, worksite, or filing questions. A difference in records alone does not establish a violation or determine what correction may be needed.
The Bottom Line
A sound H-1B audit connects each worker and employment period to the applicable LCA, PAF, wage basis, payroll, notice, benefits, and worksite evidence. Keep public-file materials distinct from sensitive records maintained for WHD review, apply the three-year period only to the payroll records DOL’s Employment Law Guide covers, and document every exception through resolution. When facts raise a wage, location, or filing question, preserve the evidence and seek qualified legal review before deciding what it means.
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