Employers who sponsor H-1B Petitions are responsible for preparing the supporting documentation that forms the basis for the Labor Condition Application (LCA).
The employer must make the documentation available in a public inspection file within one working day after the date of filing the LCA with the Department of Labor (DOL).
Any member of the public may request access to the file. The employer must make the file available to the requestor within one working day of the request. The employer should keep the public inspection file separate from the H-1B personnel file.
It is important not to include any documents in the Public Access File unless the law specifically requires. Here are some items should not be included in the Public Access File:
Recently the Department of Labor’s Office of Foreign Labor Certification confirmed that storing PAFs electronically also satisfied the regulatory requirements and encouraged employers choose one method of storage going forward. Use technology whenever possible, but above all, be consistent.
Each PAF must be kept for one year past the length of the sponsored employee’s tenure with the employer. It is recommended that employers do not retain PAFs longer than the regulations require. PAF retained beyond the one year requirement are unnecessary liabilities if they contain errors or mistakes.
A DOL access file must be prepared and available for inspection by the Department of Labor in the event of an audit. It is supposed to be kept separate from the Public Access Files. The DOL access file should not be made available to the public and must include supporting documentation as follows:
Our office provides H-1B employers a package of instructions to maintain Public Access File for H-1B workers. It is important to comply with the LCA requirements in order to avoid fines or potential debarment from filing future H-1B cases. Please feel free to contact our office should you have any questions.
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The post Maintaining a Public Access File for H-1B workers appeared first on Fickey Martinez Law Firm.
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