LCA data is public, so a stranger can email your HR team about a specific H-1B role. The first reply matters, and an off-the-cuff answer about hiring can cause problems. Here are four steps and a short reply you can adapt.
- Send the email to the public access file owner the same day.
- Reply with your careers page and an offer to share the public access file.
- Say nothing about whether the role is open, filled, or how it was recruited.
- Log the request, and send anything beyond a file request to your immigration counsel.
A Labor Condition Application (LCA) email arrives because the data is public
Anyone can email the contact listed on your LCA, because the Department of Labor (DOL) publishes LCA data every quarter, including employer contact fields. Senders sometimes ask whether the role is filled, how it was recruited, and where it was advertised.
Picture it arriving on a Friday afternoon, addressed to a recruiter who is on leave. Who sees it, and who answers?
Reply in four steps
One person's inbox is a weak point. For future LCAs, consider listing a shared mailbox that more than one person watches.
Tell the sender where the public access file can be reviewed and how to set a time. The sources we reviewed do not say whether you can require an appointment or screen the requester, so ask your immigration counsel what, if anything, to require.
DOL's Fact Sheet #62F is general guidance and does not carry the force of law. It says you do not have to provide copies, and that a person who asks to see the file must be able to capture the information, for example by writing it down, scanning, or photographing it.
Record the date, the sender, what they asked, and what you sent. If they ask for anything beyond the file, send it to your immigration counsel before you answer.
A reply you can adapt
Have your immigration counsel review the wording before you adopt it.
Hi [Name].
Thanks for your note. Our careers page is here: [link]. The public access file for that Labor Condition Application is available for review at [address]. Tell me a time that works and I will arrange it.
[Name]
An informal answer about recruitment or whether a role is filled could conflict with your LCA, your petition, or your careers page. Send those questions to your immigration counsel.
Make sure the public access file is ready before anyone asks
The reply only works if the public access file is complete and someone can find it fast. Run the quarterly test: pull three files and have someone other than the owner produce each one in ten minutes. Log what was missing.
A public access file built after someone asks can look like one that was never kept. Add a dated cover note that says what was added and when. If the notice was never posted, stop and send the facts to your immigration counsel first.
Two things the rules do not settle
- Reply deadline. The sources we reviewed set no deadline or format for an emailed request. A reply within a few business days is a reasonable internal standard. It is our suggestion, and the regulation does not require it.
- Remote-first companies. DOL's rule places the public access file at your principal U.S. office or the worksite. It does not say how a company without a staffed office offers access. An electronic file is the practical choice, and you should ask your immigration counsel before naming an employee's home as the place to review it.
Does your team know who answers an LCA email when the listed contact is out of office?
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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