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An H-1B public access file (PAF) is the set of Labor Condition Application (LCA) records an employer must make available for public inspection. Under 20 CFR § 655.760, the employer must assemble the filed LCA and necessary supporting documents and make them available within one working day after filing with the U.S. Department of Labor (DOL). The file normally includes wage, wage-setting, prevailing-wage, notice, and benefits records; particular corporate or H-1B-dependency situations require additional documents.
This is general compliance information, not an individualized legal conclusion. The regulation controls; DOL fact sheets are explanatory aids and do not replace the current regulatory text.
What an H-1B public access file is
The PAF is tied to each LCA an employer files for H-1B employment. It is a public-inspection file, not the employee’s complete immigration file and not a substitute for the employer’s confidential payroll and personnel records. The governing language in 20 CFR § 655.760(a) states: “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.”
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What belongs in the ordinary PAF
Section 655.760(a) establishes the baseline contents. Keep a complete, legible set of the following records for every applicable LCA.
Certified LCA and cover pages
Include the certified ETA Form 9035 or ETA Form 9035E and its cover pages. For an electronically filed ETA 9035E, print the certified application, have the employer sign it, and place the signed printout in the public file. Check that the LCA number, certification date, occupational classification, wage, worksite information, and validity dates are readable.
Documentation of the H-1B worker’s wage rate
Include documentation stating the wage rate the employer will pay the H-1B worker. The record should make the pay commitment understandable to a member of the public without exposing unrelated confidential personnel information. Keep the supporting calculation or compensation document that connects the stated rate to the LCA.
Actual-wage system
Provide a full and clear explanation of the system used to set wages for workers in the occupation. Explain the factors the employer uses, such as experience, qualifications, duties, performance, or seniority, and explain how periodic increases are handled. Payroll records themselves are not ordinary PAF contents. They are maintained separately and can be requested by DOL during an investigation.
Prevailing-wage source and methodology
Include a general description of the source and methodology used to establish the prevailing wage. The public file does not have to contain the underlying individual wage data. That underlying data must nevertheless be available to DOL if an enforcement action requires it. Identify the source, occupational match, geographic basis, and effective date well enough for a reviewer to understand the determination.
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Proof of notice
Include documentation showing how the employer met the LCA notice requirement. Depending on the method used, this may include copies of the notice, the dates and locations of posting, electronic-notice evidence, or other records that demonstrate when and where notice was provided. Keep the proof connected to the worksites covered by the LCA.
Benefits summary
Include a summary of benefits offered to U.S. workers in the same occupational classification. Explain how differences are handled when H-1B workers and U.S. workers receive different benefits, or state that the H-1B worker receives home-country benefits where that option applies. Proprietary benefit costs and detailed stock-option or incentive-distribution information do not have to be included in the public file.
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Conditional documents that apply only in certain situations
Do not add these materials automatically to every PAF. First determine whether the employer’s facts trigger the relevant provision, then document the determination and include the required records.
| Situation | Additional public-file material | Operational check |
|---|---|---|
| Corporate change or successor employer | A sworn statement from a responsible successor official accepting obligations, liabilities, and undertakings under affected LCAs; a list of affected LCA numbers and certification dates; and a description of the successor’s actual-wage system and FEIN. DOL guidance also calls for transferred-worker information in the applicable circumstances. | Identify every affected LCA, preserve the certification dates, and document the successor’s assumption of obligations. |
| Single-employer analysis under the Internal Revenue Code | A list of the entities included in the dependency-status determination. | Retain the entity list used for the analysis, not merely a conclusion that the entities were treated as one employer. |
| H-1B-dependent or willful-violator employer | When the LCA states that only exempt H-1B workers will be employed, a list of those exempt workers. Where the employer is H-1B-dependent or a willful violator, a summary of recruitment methods and time frames for U.S. workers, or pertinent supporting documents, under the conditions specified by the regulation. | Confirm the employer’s status and the wording of the LCA before deciding which recruitment or exemption records belong in the PAF. |
These additions are fact-dependent. A company that is not a successor, has not used a single-employer dependency analysis, and is not subject to the H-1B-dependent or willful-violator provisions should not represent that these special records are part of every ordinary file.
When and where the public must be allowed to inspect the file
The one-working-day deadline
The availability clock starts when the LCA is filed with DOL. The employer must make the filed LCA and necessary supporting documentation available within one working day after that filing date. Build the file as part of the filing workflow rather than waiting for a public request. A certification received later does not erase the obligation to prepare the records promptly; include the certified application when it is available and maintain the supporting documents required for examination.
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The access location
The regulation identifies the employer’s U.S. principal place of business or the place of employment. DOL’s H-1B Advisor describes the applicable location as the one the employer designated in Section G of the LCA. Record that designation in your tracking system and tell the person responsible for responding to inspection requests where the file is maintained. This access location is distinct from the list of every worksite where notice may have to be posted.
What a requester may do
Any member of the public may inspect the file. The employer does not have to provide photocopies or electronic copies. The requester must, however, be allowed to capture information by reasonable means such as transcription, scanning, or taking photographs. Arrange supervised access that protects confidential material outside the PAF while still permitting the required capture of the public records.
A repeatable process for building and administering each PAF
- Open a file at filing. Assign an internal identifier that includes the LCA number, employer, occupational classification, worksite or geographic area, and validity dates.
- Capture the filing package. Save the filed ETA 9035 or 9035E and cover pages. When the application is electronic, print the certified ETA 9035E and obtain the employer signature required for the public file.
- Collect the six baseline evidence groups. Add the wage-rate document, actual-wage explanation, prevailing-wage source and methodology, notice proof, and benefits summary.
- Run the conditional-trigger review. Ask whether a corporate change, single-employer dependency analysis, H-1B-dependent status, or willful-violator status requires additional records. Record the answer and add the applicable documents.
- Verify consistency. Compare the wage, occupation, worksite, validity period, and notice evidence across the LCA and supporting records. Resolve mismatches before the file is opened for inspection.
- Set the access location and response owner. Confirm the Section G location and designate a trained person who can arrange inspection within the regulatory window and permit transcription, scanning, or photographs.
- Track retention separately. Enter the last date of H-1B employment under the LCA, the LCA expiration or withdrawal date when no worker was employed, and the creation dates of payroll records.
- Log changes. If the employer undergoes a merger, acquisition, or other corporate change, reassess affected LCAs and add successor documentation rather than leaving the original file unchanged.
Public-file records versus confidential and payroll records
Confusing these categories is a common compliance failure. The PAF must contain the records listed by the regulation, while payroll and other supporting records may be kept internally and produced to DOL when required.
| Record category | Normally available to the public in the PAF? | What the employer must do |
|---|---|---|
| Certified LCA and required supporting documents | Yes | Place them in the file and provide inspection access at the designated location. |
| Wage-rate statement, actual-wage explanation, prevailing-wage source/method, notice proof, benefits summary | Yes | Keep clear, complete explanations; omit proprietary benefit-cost and incentive-distribution details that the rule does not require. |
| Underlying individual prevailing-wage data | No, not as an ordinary public record | Retain it so it can be made available to DOL in an enforcement action. |
| Payroll records for H-1B workers and other employees in the occupational classification | No, not an ordinary PAF item | Maintain them under the separate payroll-retention rule and preserve them through an enforcement proceeding. |
| Complete personnel or immigration files | No | Keep confidential records under applicable privacy and employment rules; do not place unrelated personal information in the PAF. |
Retention periods: keep the clocks separate
20 CFR § 655.760 establishes different retention periods for general subpart records and payroll records. Use the event that starts each clock; do not replace both rules with a single “one year after expiration” policy.
| Record set | Retention period | Clock and exception |
|---|---|---|
| Records required by the H-1B labor-condition subpart, including PAF records | One year beyond the last date an H-1B nonimmigrant is employed under the LCA | The period is measured from the last employment date under that LCA. |
| Those records when no H-1B nonimmigrant was employed under the LCA | One year from the date the LCA expired or was withdrawn | Use the expiration or withdrawal date because there is no employment end date 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 an enforcement action begins, retain the payroll records until the proceeding is complete, even if three years would otherwise have passed. |
Worksites, geographic areas, and notice duties
DOL describes the place of employment as the physical location where the worker actually performs work. An LCA covers the relevant geographic area, but worksite duties remain location-specific. When an existing LCA already covers another worksite in the same geographic area, a new LCA is generally not required solely because of that additional location. Notice must still be posted at each individual worksite covered by the employment.
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Temporary-placement and travel exceptions are limited and depend on the facts. They should not be treated as a blanket exemption for remote work, home offices, or frequent travel. Before moving an H-1B worker, compare the actual physical worksite with the LCA’s geographic area and confirm whether new notice, a new LCA, or a specific exception applies.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Common failure points and practical fixes
Assembling the file after a public request
Risk: The employer cannot show that the file was available within one working day of filing. Fix: Make PAF assembly a filing-day checklist item and time-stamp the completed package.
Using an unsigned electronic LCA printout
Risk: The printed certified ETA 9035E lacks the employer signature required for the public file. Fix: Route the certified printout for signature before closing the filing checklist.
Putting payroll in the public file—or failing to keep it
Risk: Public disclosure of unnecessary confidential data on one side, or inability to answer a DOL request on the other. Fix: Keep payroll in a controlled internal record set, apply its three-year creation-date rule, and preserve it during an enforcement action.
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Risk: “We pay the higher of the actual or prevailing wage” does not explain the actual-wage system or periodic increases. Fix: Describe the factors, comparison group, progression rules, and increase process clearly enough for public examination.
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Posting at one location only
Risk: The LCA covers a geographic area, but notice was not posted at every individual worksite. Fix: Maintain a worksite list and evidence for each posting or electronic notice.
Missing a corporate-change trigger
Risk: A successor assumes the workers but the PAF lacks the required sworn statement, LCA list, dates, or wage-system description. Fix: Include immigration-compliance review in merger and acquisition closing procedures.
Applying the wrong retention date
Risk: Records are destroyed one year after LCA expiration even though employment continued later, or payroll is discarded after three years while an investigation remains open. Fix: Track employment-end, expiration or withdrawal, record-creation, and enforcement dates independently.
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Assign ownership among immigration counsel or specialists, HR, payroll, and the worksite managers who control postings. Use a central index showing each LCA’s filing date, certification date, Section G access location, worksites, employment dates, conditional-status review, and retention dates. Limit the PAF to material the regulation calls for, protect unrelated personal information, and train the designated response person to permit inspection without promising copies the employer is not required to provide.
DOL Fact Sheet #62F, revised in August 2010, is useful for plain-language explanations such as the no-copy requirement, but the regulation remains the legal authority. DOL Fact Sheet #62J addresses worksite issues; temporary-placement questions should be evaluated against the detailed facts and current rules rather than treated as automatic remote-work permission.
Final compliance perspective
A reliable H-1B PAF program is built around the LCA filing event, a complete baseline evidence set, a documented review for conditional additions, and separate tracking for public-file and payroll retention. The practical test is simple: for every LCA, can the employer promptly identify the correct Section G access location, show the required wage and notice records, explain its wage systems, handle a public inspection request, and preserve the records for the correct period? If any answer is no, correct the process before the next filing or worksite change.
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