Public Access File

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.

The public inspection file must include the following elements:

A copy of the completed LCA on Form ETA 9035.

A statement of the wage rate to be paid the H-1B workers admitted under the LCA.

An “actual wage” pay system memorandum. A clear explanation of the system that the employer used to set the “actual wage” paid to workers in the LCA occupation. The memorandum must summarize the employer’s pay system or scale and include specific elements in accordance with regulations.

Click here for a sample actual wage pay system memorandum.

A copy of the prevailing wage determination. A copy of the documentation used to determine the prevailing wage. A general description of the source and methodology will suffice.

A copy of the notification documents. Documentation that the employer has met the requirement that it provided notice of the LCA filing to the bargaining representative, or to its own employees in cases where there is no bargaining representative.

The notification documents must include:

A copy of the actual notice posted in two locations at each place of employment listed on the LCA (the notice may be an exact copy of the LCA) ,

The dates of posting,

The locations of posting.

Click here for a Sample LCA Posting.

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