H-1B LCA Public Access File: Employer Obligations (2026)
Every H-1B employer must maintain a public access file (PAF) for each LCA. Employees have the right to inspect it. Most employers — and employees — do not know what must be in it.
What Is the LCA Public Access File?
Under 20 CFR 655.760, every employer who has filed an LCA (Labor Condition Application) for H-1B must maintain a public access file (PAF) for each approved LCA. The PAF must be made available for public inspection at the employer's principal place of business and at each worksite within one business day of the LCA being certified by DOL. The PAF must be maintained for one year after the expiration of the LCA period.
What Must Be in the PAF
Required PAF contents: (1) A copy of the certified LCA (ETA Form 9035E), (2) Documentation showing the wage rate to be paid (offer letter or pay stub), (3) A full explanation of the system used to set the actual wage (wage methodology memo), (4) A summary of benefits offered (if applicable), (5) If the H-1B worker is a dependent contractor, documentation of the business necessity, (6) A list of H-1B workers in the same LCA occupation at the same worksite. The PAF does not need to include the I-129 petition.
Employee Rights Regarding the PAF
Any person (not just H-1B workers) may request to inspect the PAF during normal business hours. The employer must provide access within one business day. Employers may not require requesters to provide their name or reason for inspection. Retaliation against H-1B workers who request or discuss PAF contents is prohibited under the anti-retaliation provisions of 20 CFR 655.801. Workers have the right to file PAF complaints with the DOL Wage and Hour Division.
Penalties for PAF Non-Compliance
Failure to maintain or produce the PAF can result in civil money penalties up to $1,000 per violation per day. Willful failure or misrepresentation in the LCA can result up to $35,000 per violation plus debarment from future H-1B sponsorship for 3 years. DOL Wage and Hour Division conducts investigations based on complaints and random audits. Maintaining a complete PAF is the employer's responsibility — not the employee's.
Frequently Asked Questions
What wage information must be in the public access file?
The PAF must include the actual wage rate paid to the H-1B worker (or a description of the range) and documentation showing that the wage equals or exceeds the required wage (prevailing wage or actual wage, whichever is higher). The employer must also include the methodology used to determine the actual wage — typically a memo explaining the wage survey or internal compensation system used.
Can anyone see the H-1B public access file?
Yes. The PAF is available to any member of the public, not just employees or H-1B workers. Requesters do not need to provide identification or justification. The employer must provide access within one business day of the request at the principal place of business or worksite.
Is the I-129 petition in the public access file?
No. The I-129 petition is not required to be in the PAF and is confidential. The PAF contains the LCA and related documentation, not the full petition package filed with USCIS. The LCA is a separate DOL document, while the I-129 is the USCIS petition.
What is the difference between the LCA and the PAF?
The LCA (ETA Form 9035E) is a specific DOL form that employers submit to the OFLC FLAG system certifying wage and working condition obligations. The PAF is a folder of documents that employers must compile and maintain at each worksite, which includes the LCA plus additional wage and benefit documentation. Every LCA requires a PAF; not every PAF has only one LCA.