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Audit H-1B records by connecting each worker to the applicable employer, petition and Labor Condition Application (LCA), then checking the public access file (PAF), pay, hours, benefits, notice and actual worksite evidence against the records that support the employer’s attestations. Record exceptions by worker and period, investigate them with qualified immigration counsel where needed, and document any corrective action. A PAF review is only one part of the audit: it does not replace a review of employer payroll and other records available to the Department of Labor’s Wage and Hour Division (WHD).
What an H-1B audit should establish
An internal audit should answer two practical questions: can the company produce the records it is required to maintain, and do those records support the H-1B employment conditions the company reported? The review should connect evidence rather than simply count documents. For each worker, compare the applicable LCA and wage basis with payroll, hours, benefits, notice records and evidence of where the person actually worked.
Keep the scope precise. A public access file is a defined set of records available for public inspection; it is not the worker’s complete immigration file or the employer’s full set of WHD records. Likewise, the payroll retention period described by the Department of Labor (DOL) should not be applied automatically to every LCA, petition, I-9 or audit document. This guide focuses on employer H-1B records identified in the DOL materials described below. It is not a conclusion about any particular employer’s compliance, and it does not provide a complete retention schedule or a comprehensive USCIS petition-file or Form I-9 audit.
Think of the audit as a chain of evidence, not a hunt for one master file. An LCA establishes a wage and employment framework; the PAF holds specified public materials; payroll and comparator records help support wage compliance; and HR, facilities or manager records may help establish where and under what conditions the person worked. A complete review checks whether those separate sources agree for the same worker and period. If they do not, preserve the discrepancy and investigate it rather than silently adjusting one dataset to match another.
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Set the scope and build a worker-to-case inventory
Start with a defined population and review period. Include the relevant employing entities and locations, and identify how the company will capture employees who changed roles, worksites, payroll systems or employing entities during the period. If a payroll or HR system uses a different identifier from the immigration file, document the cross-reference so a reviewer can follow a person’s records without relying on name matching alone.
Create one inventory row per worker and connect it to the records the audit will examine. A useful inventory includes:
- Worker name or internal identifier, employing entity and employment dates.
- Job title and occupation, with role-change dates where relevant.
- Each LCA associated with the employment, including its number, stated employment location and relevant dates.
- Petition records the employer has selected for the audit, tied to the worker and applicable period.
- Worksite or worksites reflected in the company’s records, with the source of that information.
- Payroll system or provider, pay frequency and any system or provider transitions.
- Named reviewer, audit status and a link or reference to the evidence gathered.
Do not assume the current job or location tells the whole story. A worker may have changed roles or locations, or a new system may contain only recent payroll data. Preserve the dates and links needed to match each period to the LCA and supporting evidence that applied then. The inventory is an audit control, not an official DOL form.
For a company with multiple entities, map the legal employer shown in the relevant records rather than treating a shared brand, HR team or payroll provider as proof that entities are interchangeable. Note any entity included as a “single employer” where applicable and flag corporate transactions, transfers or reorganizations for review. DOL Fact Sheet 62F identifies particular successor-entity information for PAFs, so the inventory should help locate the affected workers, LCA numbers and dates if such a change occurred.
Review each public access file
DOL Fact Sheet 62F says an H-1B employer must make the PAF available to the public within one working day after filing the LCA. Use the LCA filing date and the file’s creation or availability evidence to check that timing; do not confuse the PAF deadline with a general rule for every record in the worker’s file. The fact sheet lists the following materials for review:
- The LCA.
- The H-1B worker’s rate of pay.
- A full explanation or summary of the actual wage system used by the employer.
- 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.
For a corporate change, the fact sheet also identifies successor-entity materials: documentation of the change, a list of transferred workers, affected LCA numbers and dates, the successor’s actual wage system description and the successor’s employer identification number (EIN). If the company has reorganized or transferred workers, check whether the relevant file contains the documentation applicable to that change rather than assuming that a current organizational chart answers the question.
For H-1B-dependent employers and willful violators, Fact Sheet 62F identifies added materials in applicable cases, including an exempt-worker list and a summary of recruitment methods. Determine with legal or compliance support whether those requirements apply to the employer and the particular case; do not treat a generic PAF checklist as proof that the additional requirements are irrelevant.
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Fact Sheet 62F says members of the public may inspect PAF records and capture information, though the employer need not provide copies under that fact sheet. Because the fact sheet is older, verify current regulations and agency materials before treating it as a complete statement of current law. For audit purposes, record the file’s location, the documents present, the relevant LCA and filing date, and any missing or mismatched item. Do not put confidential employer records into the PAF merely because they are part of the internal audit.
Distinguish completeness from accuracy. A file may contain all the listed categories but still warrant follow-up if the rate of pay, wage source, notice evidence or benefits summary appears inconsistent with the underlying employment records. Conversely, an item that is stored in a separate repository may still be retrievable; note its location and connection to the specific LCA. The audit record should make that distinction clear instead of marking every item either simply “present” or “missing.”
Check the employer records WHD may request
The PAF and the records used in a WHD review serve different purposes. DOL Fact Sheet 62D says every H-1B employer must maintain records and make them available to WHD on request. It identifies worker and comparator information, including names, addresses, occupation and Social Security account numbers for H-1B workers and other workers employed in the same occupation at the place of employment. It also identifies pay and benefit information: rate of pay, hours for hourly or part-time workers, gross pay, deductions, net pay and benefit plan information.
Use that list to test whether the records are retrievable and tied to the correct worker, occupation and place of employment. A record may exist somewhere in a system but still be difficult to reconcile if its worker identifier, time period or location does not match the LCA and payroll data. Note where each record is held, which system or provider produced it and whether the company can produce the relevant period on request.
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DOL’s Employment Law Guide says payroll records for H-1B workers and other employees in the occupational classification must be retained for three years from the date of creation, or longer if an enforcement proceeding is in effect. Apply that statement to the payroll records it describes. It does not establish a complete, current retention schedule for every PAF, LCA, petition, I-9 or audit workpaper category. Check current regulations and agency guidance for each category before setting or changing a company-wide retention policy.
Operationally, identify whether older data remains available after a payroll-provider change, merger or system migration. Record the custodian and retrieval method, and confirm that records can be assembled for the specific person and period rather than only as aggregate reports. If a system no longer contains an expected record, capture what was searched, who confirmed the gap and what alternative evidence exists. Do not assume that the three-year payroll period automatically answers how long to keep the audit log or other immigration-related materials.
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Reconcile pay, hours and working conditions
DOL explains that an H-1B worker must be paid 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 DOL Wage and Hour Division’s H-1B Workers page states: “Your employer must pay you at least the actual wage or the prevailing wage, whichever is higher.” For an audit, the central question is whether the company can support both the wage basis it used and the compensation actually paid for the applicable period.
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- Identify the applicable wage basis. Locate the LCA and the records supporting the prevailing wage rate and its source, along with the employer’s description of its actual wage system. Note the occupation, area of intended employment, worker’s experience and qualifications, and relevant dates reflected in the records.
- Reconcile payroll to the rate and period. Compare the stated rate with payroll detail for the worker and period. Where the worker is hourly or part-time, include hours; review gross pay, deductions and net pay as identified in DOL Fact Sheet 62D. Identify unexplained gaps or differences without treating a data mismatch, by itself, as proof of a violation.
- Check relevant comparator evidence. Review how the employer supports the actual wage for similarly experienced and qualified workers. Use the employer’s actual wage system and records rather than selecting a comparator based only on title. Record the basis and the period reviewed so a second reviewer can understand the comparison.
- Review nonproductive time and expenses. DOL describes protections concerning employer-caused nonproductive time and employer business expenses. Check relevant time and payroll records for periods when the worker did not perform productive work, and examine deductions or expenses that could affect pay. Escalate questions about how a particular event is treated rather than inferring a rule from a payroll code alone.
- Compare benefits and working conditions. Check the PAF benefits summary against available plan and employment records, and compare benefits and working conditions with the basis provided to similarly employed U.S. workers. Document the evidence and any differences that require explanation.
Keep the comparison tied to dates. Wage rates, hours, employment conditions and comparator groups may change. If a payroll period spans a role or location change, preserve enough detail to assess the relevant periods separately rather than averaging them into one figure.
Also separate the wage question from the arithmetic alone. A payroll total can look plausible while the supporting wage basis is absent, and a difference between a stated rate and a single pay-period amount can have an explanation in the hours or timing records. Review the LCA and wage evidence alongside payroll, then document what the records establish and what remains uncertain. DOL’s descriptions also make benefits and working conditions part of the review; a wage-only reconciliation is not a full check of the employer’s H-1B attestations.
Test notice and actual worksite evidence
For each LCA, locate the documentation showing how the notice requirement was satisfied, then compare the LCA’s intended employment location with available worksite evidence for the relevant period. The audit should preserve the source and date of that evidence—for example, the company record that identifies the work location—rather than recording only a reviewer’s conclusion.
Flag apparent mismatches for legal review before deciding whether an amendment, new filing or other correction was required. The DOL materials summarized here do not resolve every worksite-specific scenario, so an address difference alone is not enough to reach a legal conclusion. Make the exception traceable: identify the worker, dates, LCA, stated location, evidence of the actual location and the question requiring review.
Check the sequence of evidence where records differ. The worksite address in an HR system, a manager’s report and the LCA may refer to different dates or describe a location at different levels of detail. Do not resolve that by assuming one source controls without checking its context. Preserve the original records and ask counsel whether the specific facts call for a filing or other action.
Record exceptions and corrective action
Use a consistent exception log so findings can be assigned, investigated and closed. For each issue, record:
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- The affected worker, employing entity and period.
- The LCA and records reviewed, including where the evidence came from.
- The specific discrepancy, stated neutrally and without labeling it a violation before review.
- The person responsible for follow-up and the question that needs to be answered.
- The action taken, completion date and evidence showing completion.
Separate a missing record from a substantive discrepancy. A missing notice document, for example, is not the same finding as evidence that notice was not given; both deserve follow-up, but the evidence and conclusion differ. Similarly, a payroll difference may reflect timing, data mapping or a substantive issue. Preserve what is known, identify what remains to be established, and avoid changing source records in a way that obscures the original evidence.
This log structure is practical audit advice, not a quoted regulatory retention rule. DOL has enforcement authority, and an organized record of the evidence reviewed and corrective follow-through helps the company explain its review. Where a potential wage, filing, worksite or notice issue arises, involve qualified immigration and employment counsel before deciding what correction is required.
For a useful closeout, give each exception a status such as open, under review, action assigned or closed, and include the person who verified closure. Keep the description factual: what was expected, what was found, which period is affected and what evidence supports the resolution. If the company changes a process, such as how notices are documented or how payroll reports are mapped to worker identifiers, keep evidence of the process change as well as the correction for the individual record. These are ways to make the internal review understandable; they do not replace legal advice about the required response.
Use enforcement information as context, not as a verdict
DOL announced Project Firewall on September 19, 2025, describing it 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 was last updated August 28, 2026. These are reasons to take accurate, retrievable records seriously; neither fact establishes that a particular employer has violated a requirement.
On July 8, 2026, DOL’s Office of Inspector General announced an H-1B fraud and human-trafficking investigation. Its release described alleged schemes involving fraudulent applications, coercive wage kickbacks and exploitation. Those are allegations described in that release, not findings about an employer absent evidence and a determination relating to that employer. DOL’s Office of Foreign Labor Certification also reported a FY 2026 Q2 public disclosure release on May 15, 2026, covering final determinations from October 1, 2025 through March 31, 2026. Public disclosure data can provide program context, but it does not establish any individual company’s compliance.
These updates are context for why organizations may want to confirm that their own records are accurate and accessible, not a substitute for checking the rules that apply to a particular worker or filing. Avoid using a dynamic list or public disclosure dataset as a proxy for an individual audit result. The useful takeaway is operational: make the evidence chain traceable and address identified questions through an appropriate review.
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Before closing, confirm that the inventory accounts for the workers and periods in scope, each relevant PAF has been checked, and payroll and supporting records can be traced to the applicable LCA and wage basis. Confirm that exceptions have an owner and a documented disposition, including unresolved questions referred for legal review. Retain the audit materials under the company’s applicable document-retention policy, checking current requirements for each record category rather than applying the payroll period to every document.
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A useful final audit file lets another qualified reviewer follow the chain from worker and period to LCA, supporting wage evidence, payroll and hours, benefits, notice, worksite records and any corrective action. That traceability is more useful than a checklist marked complete without evidence.
As a final quality check, sample the links in the inventory: select entries and confirm that a reviewer can locate the underlying record, identify its date range and understand why it relates to that worker and LCA. Confirm that the PAF is not being used as a stand-in for private payroll or comparator records, and that the payroll retention statement has not been expanded into an unsupported rule for all immigration documents. If a question remains unresolved, label it clearly and preserve the referral or follow-up rather than representing the audit as conclusive.
Frequently Asked Questions
How do I audit my company’s H-1B records?
Define the workers, entities and review period; build a worker-to-case inventory connecting each person to the applicable LCA, PAF, job, location, petition records and payroll system; then compare PAF materials, wage basis, payroll, hours, benefits, notice and worksite evidence. Record each exception by worker and period, assign follow-up, and document the disposition. Refer fact-specific filing or correction questions to qualified immigration counsel.
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DOL Fact Sheet 62F lists the LCA, the worker’s rate of pay, an explanation or summary of the actual wage system, the prevailing wage rate and source, notice documentation, and a summary of benefits offered to U.S. and H-1B workers. It also identifies single-employer information where applicable and certain successor-entity records after a corporate change. For H-1B-dependent employers and willful violators, added materials may apply, including an exempt-worker list and recruitment-method summary. Check current regulations and agency materials because the fact sheet is older.
When must an employer make the PAF available?
DOL Fact Sheet 62F says the PAF must be made available to the public within one working day after filing the LCA. Check the filing date and evidence that the file was available. That timing is not a general deadline for every document in an employee’s immigration file.
How long do employers keep H-1B payroll records?
DOL’s Employment Law Guide says payroll records for H-1B workers and other employees in the occupational classification must be retained for three years from creation, or longer if an enforcement proceeding is in effect. Do not apply that statement automatically to every PAF, LCA, petition, I-9 or audit workpaper; verify current requirements for each category.
Does a PAF review cover everything WHD may examine?
No. The PAF is a defined set of materials available for public inspection. DOL Fact Sheet 62D separately describes records employers must maintain and make available to WHD on request, including worker and comparator information, pay, hours for hourly or part-time workers, deductions, net pay and benefits information. A PAF check does not replace a review of those employer records.
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What should I do if an H-1B worker’s actual worksite differs from the LCA?
Preserve the worker, dates, LCA, stated location and the records showing the actual worksite. An address difference by itself does not establish what filing or correction is required. The DOL materials discussed here do not resolve every worksite-specific scenario, so refer the facts for legal review before deciding whether an amendment, new filing or other action is needed.
Does this H-1B audit checklist include Form I-9 and USCIS petition-file requirements?
No. Form I-9 and USCIS petition-file audits are distinct issues. This guide focuses on H-1B employer records identified in DOL materials and is not a comprehensive I-9 audit, USCIS petition-file checklist or complete retention schedule.
The Bottom Line
Build a worker-by-worker evidence trail linking each applicable LCA to the PAF, wage basis, payroll, hours, benefits, notice and worksite records. DOL’s stated payroll retention period is three years from creation, or longer during an enforcement proceeding; verify other record-retention requirements separately. Treat discrepancies as questions to investigate—not automatic findings—and document the owner, resolution and evidence for each corrective action.
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