H-1B Public Access File Checklist and Template

An H-1B public access file checklist covering required LCA documents, one-working-day timing rules, retention periods, and a copyable folder template for U.S. employers.

Monique Delmer
Written by: Monique Delmer
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An H-1B public access file (PAF) is a required set of LCA records the U.S. employer keeps for public inspection. It is not a single form, a downloadable template, or the employee’s full immigration file. The goal is simple: anyone who asks must be able to review the required LCA materials promptly, without seeing confidential personnel or immigration documents.

This article is written for U.S. employers, HR teams, legal operations staff, global mobility teams, and small businesses that need a practical way to organize H-1B LCA public access records.

Use this checklist for each LCA. It is a practical organization tool, not legal advice; U.S. employers with third-party worksites, H-1B-dependent status, or a prior willful-violator finding should have a qualified immigration attorney confirm their additional recordkeeping duties.

The One-Day Rule

Create the public access file no later than one working day after the LCA is filed with the Department of Labor. Keep it at the employer’s principal place of business or at the worksite listed on the LCA. An electronic file can work when it is accessible at the required location and can be produced promptly for public inspection.

Do not wait for USCIS approval or the employee’s start date. The public access obligation begins with the LCA filing.

One LCA can cover more than one H-1B worker. Organize the PAF by LCA case number, then clearly identify the workers covered by that LCA.

H-1B Public Access File Checklist

Document or recordPut it in the public access file?What it should show
Completed LCA, Form ETA-9035/9035EYesThe filed LCA and any applicable cover pages. Replace or supplement the filed copy with the certified LCA when available
Wage-rate statementYesThe wage rate to be paid to the H-1B worker, including whether the worker is full-time or part-time
Actual-wage-system memorandumYesHow the employer sets actual wages for employees in the same occupation, including the factors used and how the H-1B wage fits the system
Prevailing-wage documentationYesThe source and methodology used to determine the prevailing wage. The PAF can use a general description; underlying individual wage data is not public
LCA notice evidenceYesProof the employer gave the required notice, such as posting records, electronic notice evidence, or a union notice
Benefits summaryYesA summary of benefits offered to similarly employed U.S. workers and an explanation of any permitted differences
Single-employer entity listWhen applicableA list of entities included as part of a single employer when that definition is used to determine H-1B dependency status
Change-in-corporate-structure statementWhen applicableA sworn successor-liability statement, transferred H-1B worker list, affected LCA numbers and effective dates, successor actual-wage system description, and successor EIN
H-1B-dependent or willful-violator public recordsWhen applicableA list of exempt H-1B workers and, when non-exempt H-1B workers are hired, a summary of recruitment methods
Non-displacement recordsWhen applicable - retain separately unless an immigration attorney says otherwiseRequired compliance records for H-1B-dependent or willful-violator employers. Keep them available for enforcement review, but do not automatically place sensitive supporting records in the public file
Payroll, timesheets, W-2s, and pay stubsNo - retain separatelyThese are employer records for a possible enforcement review; do not make them part of the public inspection file
I-129 petition, passport, I-94, degrees, and resumesNoKeep immigration and personnel records separately. They are not required PAF documents and can contain private information

Copyable Folder Template

Create one folder per LCA. The file names below make it easier to locate the right record during an internal review or public request.

H-1B Public Access File - [LCA Case Number]
|
|-- 01 - Filed and Certified LCA
|   |-- ETA-9035E - filed.pdf
|   |-- ETA-9035E - certified.pdf
|
|-- 02 - H-1B Worker and Wage Statement
|   |-- worker name, occupation, full-time or part-time, offered wage.pdf
|
|-- 03 - Actual Wage System
|   |-- actual wage methodology memorandum.pdf
|
|-- 04 - Prevailing Wage
|   |-- wage source and methodology.pdf
|
|-- 05 - Notice Documentation
|   |-- posting notices, electronic notice, or union notice.pdf
|
|-- 06 - Benefits Summary
|   |-- benefits summary and explanation of differences.pdf
|
|-- 07 - Special Circumstances
|   |-- single employer entity list.pdf
|   |-- corporate change statement and successor records.pdf
|   |-- exempt worker list and recruitment summary.pdf
|
|-- 08 - Internal Restricted Records - Not Public
    |-- restricted payroll, immigration, and personnel records

For a paper file, use the same order with a cover sheet identifying the LCA case number, job title, worksite, LCA validity dates, and the person responsible for maintaining the file.


PAF Cover Sheet Template

Use a cover sheet so the file can be checked quickly before filing and produced cleanly if someone asks to inspect it.

H-1B Public Access File Cover Sheet

- Employer:
- LCA case number:
- Form ETA-9035/9035E filing date:
- LCA certification date:
- LCA validity period:
- SOC code and occupational classification:
- Job title:
- Worksite location(s):
- H-1B worker(s) covered by this LCA:
- Full-time or part-time:
- Wage rate listed on LCA:
- Prevailing wage source:
- Notice method:
- Notice dates:
- PAF prepared by:
- PAF reviewed by:
- PAF ready for public inspection date:
- Retention end date:
- Restricted internal file location:

Actual-Wage Memo Template

Use this short memo format for the actual-wage-system document. Keep it factual and tied to the specific occupation covered by the LCA.

Actual Wage System Memorandum

- Employer:
- LCA case number:
- Occupation/job title:
- Worksite:
- H-1B worker(s) covered by this LCA:

- Actual wage system:
- The employer determines wages for employees in this occupation using the following factors:
[experience, education, seniority, job responsibility, specialized skills, performance, location, or other relevant factors]

- Application to this LCA:
- The H-1B worker's wage is [amount/range]. (Based on the factors above, this wage is [equal to / higher than] 
the actual wage paid to similarly employed workers in this occupation.)

- Prepared by:
- Title:
- Date:

How to Prepare Each Required Item

1. LCA and wage-rate statement

Keep a complete copy of the LCA. The wage-rate statement should identify the wage the U.S. employer will pay under the LCA and whether the position is full-time or part-time. Do not substitute a vague offer letter for this record if it does not clearly state the required information.

2. Actual-wage-system memorandum

This is often the weakest part of a PAF. Write a short, factual memo explaining the employer’s wage-setting system for the occupation. Identify the factors used, such as experience, education, seniority, job responsibility, geographic location, or performance. Then explain how those factors produced the H-1B worker’s wage.

Avoid listing names or individual salaries of U.S. workers unless an attorney advises otherwise. The public file should explain the system, not disclose unnecessary personal compensation information.

3. Prevailing-wage source and methodology

Include the prevailing-wage source used for the LCA, such as an Occupational Employment and Wage Statistics source, a collective bargaining agreement, or a qualifying independent survey. Preserve a concise description of the source, occupation, geographic area, level, and methodology used.

4. Notice documentation

Keep evidence that the required LCA notice was provided on or within the 30-day period before the LCA filing. Depending on the facts, this may be dated physical postings at the worksite, an electronic notice to affected workers, or notice to the bargaining representative.

If there is no bargaining representative and the employer uses hard-copy posting, preserve evidence that the notice stayed posted for 10 days in at least two conspicuous locations at each place of employment. Save screenshots, copies of notices, posting certificates, and dates.

5. Benefits summary

Add a short summary of benefits offered to similarly employed U.S. workers. If benefits differ, explain the basis for the difference and verify that it is permitted. Do not place proprietary benefit-cost data or detailed equity information in the public file.

6. Special employer situations

If the employer uses a single-employer analysis for H-1B dependency, include the entity list in the PAF.

If the employer is H-1B-dependent, a willful violator, or otherwise subject to additional attestations, include the required public items, such as the exempt-worker list and recruitment-method summary when applicable.

Keep sensitive non-displacement support in a restricted compliance file unless a qualified immigration attorney confirms it belongs in the public inspection file.


Retention Rules: PAF vs Payroll Records

Keep the public access file for one year beyond the last date any H-1B worker was employed under that LCA. If no H-1B worker was employed under the LCA, keep it for one year after the LCA expires or is withdrawn.

Payroll records have a different rule. Retain required H-1B payroll records for three years from the date the records are created. Keep them in a restricted compliance or payroll file, not in the PAF. If an enforcement action begins, preserve relevant records until it is complete.

Build an Internal Calendar

  • One working day after LCA filing: PAF must be ready for inspection.
  • Before filing the LCA: complete and preserve notice documentation.
  • At the end of the LCA: calculate the PAF retention end date.
  • Three years after each payroll record is created: review whether the payroll retention period has ended.

Common PAF Mistakes

  • Creating the file only after USCIS approves the H-1B petition.
  • Saving the prevailing-wage figure but not the source or methodology.
  • Omitting a clear actual-wage-system explanation.
  • Keeping notice evidence only in an employee’s inbox or a collaboration tool without preserving it.
  • Mixing confidential payroll or immigration records into the public file.
  • Forgetting to update the file after a corporate restructuring or when special H-1B-dependent rules apply.

PAF Review Workflow

Treat the PAF as a filing requirement, not an afterthought. Before the LCA is filed, assign an owner in HR, legal, or global mobility to collect the wage, notice, benefits, and special-situation records.

A second reviewer should confirm that the public file contains only public inspection materials and that restricted payroll, immigration, and personnel records are stored separately.

After the LCA is filed, record the one-working-day deadline on the cover sheet and confirm the file is ready for inspection. Review the file again when the LCA is certified, when a worker is added under the same LCA, when the worksite changes, after a corporate restructuring, and before the retention period closes.

Simple Review Log

  • Prepared by: record the owner, date, and LCA case number.
  • Reviewed by: record the reviewer, date, and any corrections made.
  • Updated by: log later changes such as certification, worker additions, corporate changes, or retention review.
  • Restricted records checked: confirm payroll, immigration, personnel, and sensitive compliance records stayed outside the public file.

Public Inspection Request Procedure

If someone asks to inspect the public access file, produce only the public inspection documents tied to the relevant LCA. Do not include Form I-129, passports, I-94s, resumes, payroll records, performance reviews, immigration strategy notes, or other confidential employee or company records.

Document the request date, the LCA reviewed, the materials produced, the person who handled the request, and whether any unusual issue was escalated to an attorney. If the request is broad, hostile, unclear, or asks for records outside the PAF, pause before producing anything beyond the public file and have an immigration attorney or the responsible compliance owner review the response.


Final Review Before Filing

Before the LCA is submitted, confirm the notice, wage analysis, PAF folder, cover sheet, and review log are complete. After filing, confirm the required public records can be produced within the one-working-day deadline and that confidential records remain separate.

For the controlling requirements, review 20 CFR 655.760, the DOL’s H-1B Labor Condition Application page, and DOL Fact Sheet #62F on H-1B public access records. For broader employer-side context, see our article on employer sponsorship for an H-1B visa. When the employer’s facts are unusual, ask a qualified immigration attorney to review the file before relying on a template.


Disclaimer: This article is for general informational purposes only and is not legal advice. H-1B public access file requirements can vary based on the employer’s facts, including H-1B-dependent status, willful-violator history, corporate changes, third-party worksites, and other compliance obligations. Employers should consult a qualified immigration attorney before relying on any checklist or template for a specific LCA or inspection request.