Every H-1B Labor Condition Application needs its own public access file, and the clock starts the day you file. Most teams know the file exists. Fewer know exactly what belongs in it, so here is the checklist and the list of what to keep out.
- Build one H-1B public access file for every Labor Condition Application (LCA) you file, and make it available within one working day after filing.
- Put six items in every file. Add extra items only in the specific cases listed below.
- Leave out hiring status, recruitment activity, the petition, and personnel records.
- Name one owner and one backup, and have a second person check each file.
An H-1B public access file is due one working day after you file the LCA
You must make the public access file available for review within one working day after you file the LCA. The LCA is the form you file with the Department of Labor (DOL) before an H-1B petition. The public access file is the folder of proof that goes with it: what you promised to pay, how you told workers, and what benefits you offer. Anyone can ask to see it.
One day is shorter than most internal handoffs. Picture the LCA filed on a Tuesday afternoon. Who builds the public access file, and where does it live?
- Owner: the person who learns the filing date first. Name a backup too.
- Outside filer: if a provider files the LCA for you, get in writing who builds the public access file and by when.
- Location: keep it at your principal U.S. office or the worker's worksite, separate from personnel files. Label each file with the worker's name or a file number.
Six items go in every file
Six items go in every public access file, according to DOL's rule (20 C.F.R. § 655.760). One LCA can cover several workers, so keep each worker's wage proof in that LCA's file.
DOL certifies the LCA after you file it, so start with the copy you submitted and add the certified copy when it arrives. If you filed online, print the certified form and sign it. It is a good idea to confirm this approach with your immigration counsel.
Proof of the wage you will pay this worker, such as an offer letter or wage statement. Payroll records are not required in the file.
A short explanation of how you set pay for this job, including how raises work. A copy of your pay scale also works.
A short description of where the prevailing wage came from, such as the DOL wage data you used.
A copy of the notice, the dates it was posted, and where. If you sent it by email, keep proof of when and how. Each worksite needs its own notice, including client sites.
The benefits you offer U.S. workers in the same job, and how they differ if not everyone gets the same. Leave out costs and stock option terms.
Give the worker a signed copy of the certified LCA by the day they report to work (20 C.F.R. § 655.734). Add it to your checklist so it is not missed.
Extra items apply only in specific cases
Three situations add items to the public access file. Ask your immigration counsel which fit your company, and if you do not know whether you are H-1B dependent, ask that first.
- After an acquisition, merger, or spin-off: a sworn statement from the new company taking on the old company's LCA obligations, plus related details.
- If you count related companies as one employer: a list of those companies.
- If H-1B workers are a large share of your workforce, or DOL has found a willful violation: a list of exempt workers or a summary of how you recruited U.S. workers, depending on the LCA.
Leave out anything the rule does not ask for
Anyone who asks can read the whole public access file. WayLit recommends keeping these out:
- Hiring status. Whether the role is open or filled belongs on your careers page.
- Recruitment activity. Ads and applicant counts stay out, except the recruitment summary in the case above.
- The H-1B petition and its supporting documents.
- Personnel records. Reviews, school records, and work history.
- Pay and benefit detail. Individual payroll, benefit costs, and stock options.
Check the file before you call it done
Have someone other than the file owner compare the public access file to the six items, then initial and date the check. That second look is a WayLit recommendation, and the rule does not require it.
Does your current process build a public access file for every LCA within one working day?
Related H-1B public access file guides
This article is for informational purposes only and does not constitute legal advice. Consult qualified immigration counsel before making decisions about your sponsored workforce.
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