As a reminder to employers who sponsor H-1B workers, it is legally required to create and maintain a Public Access File (PAF) for each H-1B employee. This file must be available for public inspection within one business day of filing the Labor Condition Application (LCA) with the Department of Labor.


What to Include in the PAF:

• Certified LCA (Form ETA 9035/9035E), signed and dated.
• Documentation of the H-1B worker’s pay rate
• Explanation of how the actual wage was determined.
• Source and method used to determine the prevailing wage.
• Proof of notice to U.S. workers (e.g., postings or union notice)
• Summary of benefits offered to all employees.
• Corporate change documents, if applicable
• List of related entities (if using “single employer” definition)
• For H-1B-dependent employers or willful violators:
• List of exempt H-1B employees
• Summary of U.S. worker recruitment efforts

What not to include in the PAF: Do not include payroll records or the H-1B petition in the PAF.
 
Location & Retention:
 
Keep the PAF at the principal place of business or worksite.
Retain for 1 year after the end of employment (or longer if a complaint is filed).
 
Posting Requirements:
 
Employers must post the LCA notice in two visible locations for 10 consecutive days or provide electronic notice.
Employers must also provide a signed copy of the certified LCA to the H-1B worker by their start date.
 
Compliance Matters: Failure to comply may result in fines, penalties, or debarment from the H-1B program. The Department of Labor may audit PAFs at any time.
 
For additional information:
DOL Fact Sheet #62F: What records must an H-1B employer make available to the public?

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