H-1B Employers must maintain Public Access File and Other Records 

Within one business day of filing the LCA, the employer must have established a public access file which must be made available upon request to any member of the public. Access to the file may not be limited to "interested parties" or" aggrieved parties". The file must be maintained at the employer's principal place of business in the United States, or at the place of employment.

The file must include:

1. A copy of Form ETA 9035

2. A statement of the actual current rate of pay for the H-1B worker

3. The prevailing wage determination, including a description of the source and methodology for the prevailing wage

4. A memorandum by the employer explaining the actual wage determination and

5. Evidence that the notification requirement regarding filing of the LCA has been met

The employer must keep current in the file the information regarding the actual rate of pay for the H-1B worker, because the worker is assigned to additional work sites within an area of employment listed on the LCA, evidence that the notice requirements have been met with the regard to the additional work sites should also be included in the public access file.

In addition to the documentation required to maintained in the public access file, the employer must maintain other documentation which does not need to be made available to the public. That document include:

1. Payroll records regarding all the employer's employees in the same occupation at the place of employment.

2. Calculation of the actual wage rate paid to the H-1B worker making use of the employer's pay system described in the actual wage memorandum included in the public access files

3. The raw data backing up the prevailing wage determination included in the public access file; and

4. Evidence that the H-1B worker has been given a copy of the LCA, which must be done on the date that employment commences.

 All employers are also required to maintain documentation regarding fringe benefits plans provided to workers. "H-1B dependent " employers and employers found to have committed certain labor condition application (LCA) violations are required to maintain additional documentation in connection with new attestation elements relating to the displacement of U.S. worker and its recruitments efforts. Employers subject to the new requirements must maintain:

1. Paperwork to support the H-1B dependency determination

2. Evidence to support H-1B employee's exempt status

3. Documentation for the displacement attestation

4. Evidence of compliance with displacement attestation by the contractor and

5. Documentation of recruitment.

For further information, send your query to Aparna Davé.