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With an escalation in employer inspections by United States Immigration and Citizenship Services (USCIS), Immigration and Customs Enforcement (ICE), and the Department of Labor (DOL), it has become vital that employers with H-1B employees have their H-1B Public Access Files in order.

What Documents Should be in a H-1B Public Access File?

To avoid potential costly fines, payment of back wages and/or disbarment from participation in key immigration programs, it is our recommendation that employers keep the following documents within each H-1B applicant’s separate public access file:

• A copy of the relevant certified Labor Condition Application (LCA) including all pages and cover sheet;
• Documentation which provides the wage rate to be paid to the non-immigrant (updated when/if wage rate increases/decreases);
• A clear explanation of the system use by the employer to set the “actual wage” the employer has paid or will pay workers in the occupation;
• Documentation which the employer used to establish the “prevailing wage” for the occupation sought;
• A copy of the notice of posting including dates of posting, and a statement identifying the two posting locations;
• A statement confirming that a copy of the approved LCA was provided to the H-1B worker;

We work closely with H-1B employers to ensure that their H-1B Public Access Files are created and maintained correctly to avoid liability. If you have questions about H-1B Public Access Files, or any other immigration or employment related issue, please contact our offices.

Tags: Department of Labor, DOL, H-1B, H-1B visa, ICE, Immigration and Customs Enforcement, Labor Condition Application, LCA, PAF, Public Access File, United States Citizenship and Immigration Services, USCIS

This entry was posted on Sunday, December 6th, 2009 at 1:27 pm and is filed under employment law, immigration. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.