LCA Public Access File Rules

What is an LCA Public Access File (PAF)?

The LCA regulations require that employers must maintain the following materials related to an LCA in a Public Access File (PAF) and make these materials available to any potentially interested or affected parties, including DOL representatives who have the authority to randomly audit these files.

• A signed copy of the certified LCA, including cover page and instruction pages

• The Rate of Pay for the H-1B, H-1B1 or E-3 worker

• Description or summary of the actual wage system

• The prevailing wage rate and its source

• Documentation that the posting notice requirement was satisfied

• Documentation that the employee was provided a copy of the certified LCA

• Summary of benefits offered to U.S. workers and H-1B workers

• List of entities included as a “single employer”

• In the event of a corporate structure change, including mergers and acquisitions:

  • Sworn or notarized statement by successor entity accepting all liabilities of predecessor entity;

  • List of H-1B workers transferred to successor entity;

  • Each affected LCA number and effective date;

  • A description of successor entity’s actual wage system; and

  • Successor entity’s employer identification number.

What additional records must H-1B-dependent or willful violator employers make available to the public?

• List of “exempt” H-1B nonimmigrant workers; and

• Summary of recruitment methods, if employer hired any “non-exempt” H-1B nonimmigrant workers.

Can PAF records be stored electronically?

Yes. An employer can store PAF documentation electronically as long a hard copy of the PAF documentation can be made readily available upon request by any potentially interested or affected parties, including DOL representatives.

When does supplemental documentation need to be added to the PAF?

Certain events that happen after the LCA is filed can trigger a requirement that the employer supplement the PAF with additional documentation.

• Employee changes worksite location: If the employer moves an employee to a new worksite location within the same Metropolitan Statistical Area indicated in the LCA, DOL rules require the employer to post the LCA at the new worksite location prior to the employee starting work at the worksite.

• Corporate Restructuring: If an employer goes through a merger or acquisition or other corporate change, the employer may be required to document the corporate change and execute a sworn statement that it will serve as the successor-in-interest accepting all liabilities of the predecessor entity. In these situations, an employer must add a copy of the statement to the PAF, along with a list of every affected LCA, the FEIN of the new entity and an explanation of its wage system.

How long is an employer required to maintain PAF documentation related to an LCA?

An employer must maintain required PAF documentation for a period of one year after the date the LCA expires or is withdrawn.