A Public Access File (PAF) is an employer-maintained record supporting a Labor Condition Application (LCA). Employers sponsoring H-1B, H-1B1, or E-3 professionals must make the required LCA records available for public inspection. A visa approval does not replace this obligation.

For a startup making its first international hire, or an established company managing multiple sponsored employees, the challenge is often operational: who prepares the file, who updates it, and who can produce it when requested?

Fariba Faiz Law Offices PC advises employers in San Francisco, throughout the Bay Area, and nationwide on employment immigration and LCA compliance. A well-organized Public Access File should be part of the hiring process, rather than an afterthought once a petition is approved.

Which Employers Need a Public Access File?

The LCA framework applies to H-1B sponsorship, H-1B1 employment of Chilean and Singaporean professionals, and E-3 employment of Australian professionals. The core public-record requirements apply to all three categories, although certain additional H-1B requirements do not apply to H-1B1 or E-3 employers.

A small headcount does not eliminate the obligation. A startup sponsoring one professional should establish a process for creating, maintaining, and providing access to its LCA records.

When Must the File Be Available?

Under 20 C.F.R. § 655.760, the filed LCA and necessary supporting documentation must be available for public examination within one working day after the LCA is filed with DOL, at the employer's principal U.S. place of business or the place of employment.

Begin assembling the file when the LCA is filed, and add the signed certified LCA and cover pages when available. Waiting until the employee starts work or USCIS approves the petition can leave a gap in the employer's records.

What Belongs in the Public Access File?

The core records include:

• The certified LCA and cover pages. Include the employer-signed printout for an electronically submitted LCA.
• The offered wage. Document the wage rate to be paid to the sponsored professional.
• An actual wage explanation. Clearly describe the employer's system for setting wages for the occupation, including applicable periodic increases.
• Prevailing wage documentation. Identify the prevailing wage, its source, and the methodology used.
• Notice documentation. Preserve evidence that the required union or employee notice was provided.
• A benefits summary. Describe benefits for U.S. workers in the same occupational classification and explain relevant differences or applicable home-country benefits.

DOL's Fact Sheet #62F summarizes the public-record requirements. The contents should reflect the actual employment arrangement; a generic checklist alone is not an adequate review of a particular file.

The Actual Wage Memo Deserves Particular Attention

The required wage is generally the higher of the applicable prevailing wage and the employer's actual wage for similarly qualified workers in the specific employment. An actual wage explanation should address the employer's real compensation system, including legitimate factors such as experience, education, qualifications, and job responsibilities.

For a young company, the useful questions are concrete: are there comparable employees, how are salaries determined, and how are increases handled? Copying a memorandum from a different employer may obscure the facts that matter. See 20 C.F.R. § 655.731.

LCA Notice: Keep Evidence of What Happened

Notice is generally provided on or within 30 days before filing the LCA. Without a bargaining representative, physical posting requires at least two conspicuous locations at each relevant worksite for a total of 10 days. Qualifying electronic notice is also permitted; individual direct electronic notice has different duration requirements.

Keep the notice, dates, locations, and evidence of the method used. An electronic file containing a notice template does not, by itself, show that affected workers received appropriate notice. Remote and third-party worksites warrant particular attention. See 20 C.F.R. § 655.734.

What Should Remain in Separate Confidential Records?

Do not use the PAF as a repository for the employee's entire immigration or personnel file. Keep passport copies, immigration-status documents, personal identifiers, and unrelated personnel materials separately, unless a specific disclosure requirement applies.

Public wage explanations can be provided without placing individual payroll records in the PAF. Supporting payroll and other required records must still be maintained for DOL review. Distinguishing public records from confidential records makes both compliance and access requests easier to manage.

Corporate Changes and Additional H-1B Records

A merger, acquisition, or restructuring may require additional documentation. In qualifying H-1B successor-employer situations, the public records must address the successor's assumption of LCA obligations, the affected LCAs and certification dates, the new employer's actual wage system, and its FEIN. Review 20 C.F.R. § 655.730(e) before relying on existing LCAs.

H-1B-dependent or willful-violator employers may also need exemption and recruitment records, and relevant single-employer entity information may be required. These additional H-1B provisions should not be applied indiscriminately to H-1B1 or E-3 cases.

How Long Must Employers Retain the Records?

Generally, retain the required LCA records for one year after the last date any covered worker is employed under that LCA. If no worker was employed under it, retain them for one year after expiration or withdrawal. Required payroll records have a separate three-year retention period measured from creation; an enforcement proceeding can require longer payroll retention.

For an LCA covering multiple workers, track the last covered employee's employment date. Record-retention decisions should also account for other applicable obligations and any pending investigation.

Public Access File Questions Employers Often Ask

Must the employer publish its PAF on its website?

The regulation requires public examination at a designated U.S. location; it does not require website publication. A digital record system should support a workable public-access process.

Does the public have to receive photocopies?

DOL states that employers need not provide copies, but must allow requesters to capture the information, for example by transcription, scanning, or photography.

Does an H-1B transfer require the new employer to address PAF compliance?

Yes. A change-of-employer petition should be coordinated with the new employer's own LCA documentation and compliance responsibilities. The prior employer's file does not substitute for the new employer's records.

Build Compliance Into the Hiring Process

Assign responsibility for each LCA file, use a consistent index, verify wage and notice documentation, and review the records when employment arrangements or corporate circumstances change. A periodic review can identify incomplete files before an access request becomes urgent.

Fariba Faiz Law Offices PC assists employers with H-1B, H-1B1, and E-3 sponsorship, Public Access File reviews, and broader employment immigration planning, including PERM labor certification and employer-sponsored green cards.

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Reviewed October 13, 2026. This article provides general information and does not constitute legal advice. The appropriate compliance approach depends on the employer's facts and applicable requirements.