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Public Access Files & H-1B Compliance

Employers who sponsor H-1B visas are responsible for preparing a Public Access File which should be available in a public inspection within one day from filing the LCA with DOL. The employer has to make the file available to the requesting officers within one business day of the request. The public access file should include the completed LCA (labor Condition Application), Wage Determination Data, Actual Wage Pay System Memorandum, Copy of Prevailing Wage Documentation, and Documentation regarding benefit to H-1B worker, etc.

If the employer is an H-1B dependent employer, further obligations are imposed.