A public access file that was right on filing day can be wrong six months later. Raises, moves, and benefit changes all touch it. Here is what to update, how long to keep the file, and a quarterly check.
- Update the H-1B public access file when a wage, worksite, benefit, or ownership change touches a sponsored worker.
- Keep each file for one year after the last worker is employed under that Labor Condition Application (LCA).
- Every quarter, have someone other than the owner pull three files and produce each in ten minutes.
Update the H-1B public access file when something changes
Update the public access file when a sponsored worker's pay, worksite, benefits, or ownership changes. The sources we reviewed do not set an update schedule for most items, so this is our recommendation. Keep the older version, dated.
| What changes | What to do |
|---|---|
| Raise | Add new wage proof to the file and keep the earlier record. |
| Pay cut, or a change in duties | A cut below the wage on the LCA, or duties that move the job to a different wage level, is a compliance problem. Send it to your immigration counsel before it takes effect. |
| Move within the same commuting area | A new LCA is generally unnecessary. Give notice at the new site on or before the worker's start date there, and add the proof to the file. See the DOL FAQs. |
| Move outside the commuting area | A new LCA is generally needed, with an exception for short-term placements (Fact Sheet #62J). A new LCA starts a new file and a new one-working-day clock. It generally means an amended or new H-1B petition too, so ask your immigration counsel what to file and when. |
| New LCA for the same worker | Build a new file. Keep the old one through its retention period. |
| Benefits or pay system changes | Refresh the benefits summary and the actual wage memo. |
| Acquisition, merger, or spin-off | Ask your immigration counsel which extra items to add to each affected file. |
| Worker leaves | Keep the file. Write down the worker's last day under the LCA. |
Keep the public access file for one year after the last worker leaves
Keep each public access file for one year after the last date any H-1B worker is employed under the LCA. Several workers can share one LCA, so enter that date when the final worker leaves. If no one was ever employed under it, the year runs from when the LCA expired or was withdrawn.
- Required documents: one year after the last worker's final day under the LCA.
- Payroll records: three years from creation, held until the end of any enforcement proceeding.
Both periods come from 20 C.F.R. § 655.760(c). Mark the discard date in your register so nothing is thrown away early.
Paper or electronic: pick the one you can open in front of a visitor
DOL's rule places the public access file at your principal U.S. office or the worksite and does not name a format. An electronic file appears acceptable when someone can open the complete public access file there on request. Confirm your approach with your immigration counsel.
- Paper: one labeled folder per LCA in a cabinet, with a sign-out sheet.
- Electronic: one folder per LCA with restricted editing and consistent file names. Keep the signed LCA printout available too.
Run a quarterly check
- Pull three public access files. Have someone other than the owner produce each one in ten minutes.
- Look for the usual gaps: wage proof that still shows the old wage, notice proof with no dates, a missing signed LCA printout, or an out-of-date benefits summary.
- Log what was missing and fix it with a dated note. Do not redate old records.
- Once a year, sweep every active file and confirm the retention dates.
Failing to keep or make the file available is a violation DOL can find (20 C.F.R. § 655.805). The lowest penalty tier currently reaches $2,364 per violation, and a willful notice failure could reach $9,624. DOL made no inflation adjustment in 2026, so these are the figures as of November 3, 2026. Confirm the current amounts before you rely on them. The sources we reviewed do not show how often DOL penalizes a file gap alone.
Does your current process catch a raise or a move before the file goes stale?
Related H-1B public access file guides
- 20 C.F.R. § 655.760, Public access file and records retention
- 20 C.F.R. § 655.805, Violations
- 20 C.F.R. § 655.810, Remedies and civil penalties
- U.S. Department of Labor, 91 FR 31358 (May 27, 2026), 2026 civil money penalty inflation adjustments
- U.S. Department of Labor, Fact Sheet #62J: Place of employment
- U.S. Department of Labor, OFLC H-1B/H-1B1/E-3 FAQs, Round 4
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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