The Public Access File is one of the most commonly violated H-1B requirements. DOL auditors know exactly what to look for. Here's how to stay compliant.
When an employer files a Labor Condition Application (LCA) to support an H-1B petition, they sign attestations to the Department of Labor about wages, working conditions, and the impact on US workers. As a condition of those attestations, the employer is required to maintain a Public Access File (PAF) at the place of employment for each H-1B worker.
The PAF is not filed with anyone, it stays at the worksite. But it must be available upon request to any member of the public (including the worker, DOL investigators, or curious competitors). The DOL Wage and Hour Division and FDNS officers can request it at any time, with or without advance notice.
Many employers, especially smaller companies filing their first H-1B, are unaware of this requirement. "We filed the LCA and the USCIS petition. What else is there?" is a common attitude. The PAF requirement is separate from the USCIS petition process, and violations are common during DOL compliance audits.
| Document | Required? | Notes |
|---|---|---|
| Certified LCA (Form ETA-9035/9035E) | Yes | The certified copy from DOL FLAG system |
| Documentation of prevailing wage determination | Yes | OES/DOL wage data or private wage survey |
| Documentation of actual wage paid | Yes | Shows actual wage ≥ prevailing wage |
| Evidence of LCA posting/notice | Yes | Dates, locations, and method of posting |
| Union contract or collective bargaining info | Conditional | Only if union workers at same classification exist |
| Summary of benefits | Yes | Benefits offered to H-1B worker (must equal US workers) |
| List of related non-immigrant workers | Conditional | Required only if employer has 50+ workers and 15%+ are H-1B/L-1 |
| Copy of all H-1B and LCA notices | Yes | Correspondence with DOL/USCIS about the worker |
Before the LCA becomes effective, the employer must post a Notice of Filing for at least 10 consecutive business days at the worksite. This is different from the Public Access File, the posting is what notifies US workers that a foreign worker is being brought in, so they can file objections if they believe it violates the LCA requirements.
The Notice of Filing (not the LCA itself) must state:
Electronic posting is permitted if the employer customarily communicates work-related notices via electronic means. The posting must be in two conspicuous locations (or the electronic equivalent). Physical posting at an unmanned worksite (client location) is a common compliance issue, consult your immigration counsel for multi-site employers.
The employer must document both the prevailing wage used and the actual wage paid, and must show that the actual wage equals or exceeds the prevailing wage. The prevailing wage can be established through:
DOL Wage and Hour Division H-1B compliance audits can be triggered by complaints, routine sector sweeps, or referrals from FDNS. When WHD investigators arrive, they can request the Public Access File on the spot. Failure to produce it is itself a violation.
Auditors look for:
Civil penalties for LCA violations range from $1,000 to $35,000+ per violation depending on severity and willfulness. Employers can also be debarred from the H-1B program for 3 years and required to pay back wages to affected workers.
As an H-1B worker, you have the right to inspect your own Public Access File. This is a powerful tool. If you suspect your employer is paying you below the LCA wage, or that the LCA misrepresents your job title or duties, you can:
Sumit covers H-1B compliance requirements for both employers and workers, tracking DOL enforcement trends and LCA regulatory changes.