You hired H-1B talent, and you also took on paperwork duties. The Department of Labor expects a “public access file” tied to each Labor Condition Application (LCA). A clean setup helps you respond fast and avoid compliance trouble.
What the public access file is and when you must have it ready
The public access file is a set of documents the public may request after you file the LCA. You must make the required contents available within one working day of filing, so build the file at the same time you submit the LCA. Keep it at your main office or at the place of employment listed on the LCA.
What you should include for wages and job terms
Add a copy of the certified LCA (ETA 9035/9035E). Include the wage rate you pay and a short summary of how you set that wage under your actual wage system. Keep the prevailing wage you used and the source, such as a government wage determination or a wage survey.
What you should include to prove proper notice
Show that you gave notice of the LCA filing at the worksite. Keep dated copies of the postings plus a note that lists where you posted them and for which dates. If you post electronically, save screenshots or system records that show the posting location and the posting window.
What you should include for benefits and special attestations
Document that you offer H-1B workers the same benefits you offer similarly employed U.S. workers. Keep a brief benefits summary and plan documents that explain eligibility rules for the role. If H-1B-dependent or willful violator rules apply, add the extra attestations and supporting documents.
How long you should keep the file and how to stay organized
Keep the public access file for at least one year beyond the last date any H-1B worker works under that LCA, and track payroll records under their separate retention rules. Use one template per LCA so your team can find documents quickly. Label files with the LCA number, worksite, and role so updates stay simple when pay or location changes.