For each H‑1B Labor Condition Application (LCA), an employer must assemble a public access file (PAF) and make it available for public examination within one working day after filing with the U.S. Department of Labor (DOL). The file normally contains the certified LCA, wage and wage-method documentation, prevailing-wage source information, notice evidence, and a benefits summary. Additional records apply when an employer has a corporate successor, performs a single-employer analysis, or is H‑1B-dependent or a willful violator. This is general compliance information, not an individualized legal conclusion; 20 CFR § 655.760 controls.
What an H‑1B public access file is
A PAF is the set of records an H‑1B employer must make available for public inspection for each filed LCA. The governing rule is 20 CFR § 655.760. The regulation concerns H‑1B LCAs and states that specified portions also apply to H‑1B1 and E‑3 categories.
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The core obligation is timing. The regulation says: “The employer shall make a filed labor condition application and necessary supporting documentation available for public examination at the employer’s principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL.”
A PAF is not the employer’s complete immigration or payroll file. It is the public-facing subset required by the regulation. Payroll and other sensitive records are maintained separately and may be requested by DOL during an investigation.
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What must be in the ordinary PAF
Section 655.760(a) establishes the baseline contents. Keep the documents organized by LCA so a reviewer can identify which evidence supports which filing.
| Required record | What to include | What is not ordinarily public |
|---|---|---|
| Certified LCA | A copy of the certified ETA Form 9035 or ETA Form 9035E, including cover pages. For an electronically filed ETA 9035E, print the certified application, obtain the employer’s signature, and place the signed copy in the PAF. | Draft LCAs or unrelated immigration forms. |
| Wage-rate documentation | Documentation stating the wage rate the employer will pay the H‑1B worker. | Payroll ledgers are maintained as separate records. |
| Actual-wage system | A full, clear explanation of the system used to determine wages for workers in the occupation, including how periodic increases are handled. | Individual payroll records are not required in the public file. |
| Prevailing-wage basis | A general description of the source and methodology used to establish the prevailing wage. | Underlying individual wage data need not be made public, but must be available to DOL in an enforcement action. |
| Notice evidence | Documentation showing how the employer met the LCA notice requirement, such as the dates, locations, and method used for posting. | A generic notice policy without evidence that the particular LCA was posted. |
| Benefits summary | A summary of benefits offered to U.S. workers in the same occupational classification, an explanation of differences where benefits differ, and, where applicable, a statement that H‑1B workers receive home-country benefits. | Proprietary benefit costs and details of stock-option or incentive distributions. |
DOL Fact Sheet #62F provides a shorter plain-language summary, but it was revised in August 2010. Use the current regulation—not the fact sheet—as the controlling authority.
Conditional records: when the baseline list is not enough
Not every employer must add these documents. First determine whether the triggering facts exist, then add the applicable records to the LCA-specific file.
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Corporate successor or other corporate change
When a successor employer accepts affected LCAs, the PAF must include a sworn statement from a responsible official accepting the predecessor’s obligations, liabilities, and undertakings. Add a list of the affected LCA numbers and certification dates, plus a description of the successor’s actual-wage system and its Federal Employer Identification Number (FEIN). Keep enough transfer information to identify the workers and LCAs covered by the change.
Single-employer analysis
If the employer relies on the Internal Revenue Code single-employer definition when determining dependency status, include a list of the entities included in that determination. The list should match the entities considered in the employer’s analysis; do not add unrelated affiliates merely because they share ownership.
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H‑1B-dependent or willful-violator employer
When the LCA states that only exempt H‑1B workers will be employed, include a list of those exempt workers. An H‑1B-dependent employer or a willful violator must also include a summary of recruitment methods and time frames used for U.S. workers, or the pertinent supporting documents, when the conditions in the regulation apply.
These additions are fact-dependent. Classifying an employer as subject to one of these rules without checking the LCA, workforce, and corporate facts can produce an incomplete or overinclusive file.
When and where the public must be given access
The one-working-day deadline
Start the clock on the date the LCA is filed with DOL. The certified LCA and necessary supporting documents must be available within one working day. Build the process around the filing event rather than waiting for an H‑1B petition approval or the worker’s start date.
Designated access location
The regulation identifies the employer’s U.S. principal place of business or the place of employment. DOL’s H‑1B Advisor explains that the applicable location is the one the employer designated in Section G of the LCA. Record that location in the compliance tracker and make sure staff know how a member of the public can request an inspection there.
The PAF location is not the same question as where every notice must be posted. An employer may designate a principal office for public access while having several individual worksites with separate notice duties.
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Inspection and copying
Any member of the public may inspect the file. The employer does not have to provide photocopies or electronic copies. It must, however, allow the requester to capture information by reasonable means such as transcription, scanning, or photography. Establish a sign-in and supervision procedure that protects confidential information in records outside the PAF without obstructing lawful inspection of the public documents.
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- Open an LCA record. Assign a unique internal identifier and note the filing date, occupational classification, worksite, wage, and person responsible.
- Save the certified filing. Download the certified ETA 9035 or 9035E and its cover pages. For an electronic filing, print and sign the certified application before filing it in the PAF.
- Collect wage evidence. Add the document stating the H‑1B worker’s wage and a clear explanation of the actual-wage system, including periodic-increase rules.
- Document the prevailing wage. State the source and methodology used. Keep the underlying data available for DOL even though it is not ordinarily open to the public.
- Prove notice. File dated copies of the notice and a log identifying where and when it was posted, or the other method used to satisfy notice.
- Add benefits information. Summarize benefits for U.S. workers in the same occupational classification and explain material differences or the applicable home-country-benefits statement.
- Screen for conditional additions. Check for a corporate change, single-employer dependency analysis, H‑1B-dependent status, willful-violator status, or an exempt-worker-only LCA. Add only the records triggered by the facts.
- Confirm access readiness. Verify that the Section G location is staffed or that a responsible contact can arrange inspection within the one-working-day window.
- Separate restricted records. Store payroll and other enforcement-support documents in a controlled internal file, cross-referenced to the LCA but not mixed into the public packet.
- Calendar retention dates. Set separate reminders for the general PAF records and payroll records; do not use a single “LCA expiration plus one year” date for every document.
This workflow is an operational control, not a format mandated by the regulation. Employers may use paper or electronic systems if the required records can be produced promptly and inspected at the designated location.
Retention periods: two clocks, not one
Section 655.760 establishes different retention rules for records required by the subpart and for payroll records. Apply the rule that matches the record type and the employment facts.
| Record category | Retention period | How to calculate it |
|---|---|---|
| PAF and other records required by the H‑1B subpart | One year beyond the last date an H‑1B nonimmigrant is employed under the LCA. | Use the last employment date under that LCA, then retain for one additional year. |
| PAF records when no H‑1B nonimmigrant was employed under the LCA | One year from the date the LCA expired or was withdrawn. | This alternative applies only when no H‑1B worker was employed under the LCA. |
| Required payroll records for H‑1B workers and other employees in the occupational classification | Three years from the date the records were created. | If DOL begins an enforcement action, preserve the payroll records until the proceeding is complete, even if three years has passed. |
For example, if an H‑1B worker’s last employment under an LCA ends on June 30, 2027, the subpart records ordinarily remain available through June 30, 2028. If the LCA was withdrawn without employing an H‑1B worker, calculate one year from the withdrawal date instead. Payroll entries created during the period follow the separate three-year rule and any enforcement hold.
Worksites, geographic areas, and notice duties
DOL describes the place of employment as the physical location where the worker actually performs work. The LCA covers the relevant geographic area and carries worksite-related duties, including notice.
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A new LCA is generally not required when a worker moves to another worksite within the same geographic area already covered by the LCA. Notice must still be posted at each individual worksite, however. Keep evidence for each posting rather than assuming that a notice at headquarters covers every location.
Temporary-placement exceptions are limited and fact-dependent. They are not a general remote-work exemption. Evaluate the duration, location, travel pattern, and other facts under the applicable DOL rules before relying on an exception. DOL Fact Sheet #62J can provide background on worksite issues, but the current regulation and the facts of the assignment control.
Public PAF versus internal and payroll records
| Question | Public access file | Internal or payroll records |
|---|---|---|
| Who may inspect? | Any member of the public, at the designated location. | Generally limited to authorized personnel, auditors, or government investigators. |
| Typical contents | Certified LCA, wage rate, actual-wage explanation, prevailing-wage source and method, notice proof, benefits summary, and triggered conditional records. | Payroll records, underlying wage data, personnel records, and other documents maintained for compliance or enforcement. |
| Copies | No duty to furnish copies, but the requester must be allowed to transcribe, scan, or photograph information. | Access depends on the requester’s authority and applicable confidentiality rules. |
| Retention | One-year rule tied to employment, expiration, or withdrawal, as applicable. | Payroll generally three years from creation, with an enforcement hold when applicable. |
Common failure points and practical fixes
Waiting for petition approval
Problem: The team treats the PAF as a petition exhibit and misses the filing-based deadline.
Fix: Trigger the checklist when the LCA is filed, then verify completion by the next working day.
Keeping only the certified LCA
Problem: Wage, notice, benefits, or methodology records are absent.
Fix: Use the six-part baseline checklist and require an owner for each item.
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Putting payroll in the public packet
Problem: Sensitive payroll data is exposed unnecessarily, or the employer assumes it has satisfied payroll retention by keeping a PAF copy.
Fix: Maintain a separate payroll file with its own three-year clock and enforcement hold.
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Using the wrong retention date
Problem: Every file is deleted one year after LCA expiration, even when employment continued later.
Fix: Record the last employment date under the LCA; use expiration or withdrawal only when no H‑1B worker was employed.
Confusing the access office with every worksite
Problem: The employer keeps a PAF at headquarters but fails to post notice at a newly added worksite in the same geographic area.
Fix: Track Section G’s access location separately from each physical worksite and its notice evidence.
Assuming remote work eliminates notice duties
Problem: A worker’s home or temporary location is treated as automatically exempt.
Fix: Analyze the worksite and any temporary-placement exception under the detailed facts and current DOL rules.
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- Identify the LCA or occupation the requester is asking about without demanding unnecessary personal information.
- Confirm the designated U.S. access location and arrange a reasonable inspection time within the employer’s operating procedures.
- Present the PAF documents for the relevant LCA, keeping nonpublic payroll and personnel records separate.
- Allow the requester to transcribe, scan, or photograph the public documents; do not insist that the employer provide copies.
- Document the request, date, documents inspected, and any follow-up, while avoiding a log that itself discloses protected personal information.
What to review before closing an LCA file
- Certified LCA and signed printed ETA 9035E, when applicable, are present.
- Wage rate, actual-wage explanation, prevailing-wage source and methodology, notice proof, and benefits summary are complete.
- Conditional records were assessed and added only where triggered.
- Section G access location remains accurate and staff know the inspection procedure.
- Each worksite has its own notice evidence when required.
- General-record and payroll-retention dates are calculated separately.
- Any DOL enforcement matter has generated a preservation hold for relevant payroll records.
Because corporate structures, worksites, wage systems, and worker classifications can change, employers should obtain fact-specific advice from qualified immigration or employment counsel when applying these rules to unusual situations.
Frequently Asked Questions
What goes in an H‑1B public access file?
The baseline file contains the certified LCA, the H‑1B worker’s wage rate, a clear actual-wage-system explanation, a general description of the prevailing-wage source and methodology, notice evidence, and a benefits summary. Corporate-change, single-employer, dependency, and willful-violator records are added only when their triggering facts exist.
When must an employer make the file available?
Within one working day after filing the LCA with DOL, at the U.S. principal place of business or place of employment designated in Section G of the LCA.
Must an employer give members of the public copies?
No. The employer must permit inspection and allow the requester to capture information by transcription, scanning, photography, or similar means.
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How long are H‑1B public access files retained?
Generally, one year beyond the last date an H‑1B nonimmigrant is employed under the LCA. If no H‑1B worker was employed, retain the records one year from LCA expiration or withdrawal. Required payroll records follow a separate three-year-from-creation rule, extended by an enforcement proceeding.
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