• Providing Immigration Solutions
    for Employers & Individuals
  • Providing Immigration Solutions
    for Employers & Individuals
  • Providing Immigration Solutions
    for Employers & Individuals
  • Providing Immigration Solutions
    for Employers & Individuals
  • Immigration Solutions for
    Employers, Families, and Individuals

LCA Public Access File Compliance and Audit Lawyers | Labor Condition Application

What is a Public Access File?

A “public access file” must be maintained for each employee in H-1B status for whom an LCA is certified. Any interested person may inspect the public access file upon request. Employers should set up the public access file for the candidate. Ideally, the file should be kept separate from other files, such as personnel files. The requirement is based on 20 CFR 655.760, which provides that the must a filed labor condition application (LCA) and necessary supporting documentation available for public examination at the employer’s principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL. There is a list of specific forms of documentation that must be available in the public access file.

What is an LCA Public Access File Audit?

The Department of Labor (DOL) may perform audits of H-1B worker employers to determine if it is in compliance with public access file rules. Specifically, employers must retain copies of the records required by in the Public Access File for a period of one year beyond the last date on which any H-1B non-immigrant is employed under the labor condition application or, if no non-immigrants were employed under the labor condition application, one year from the date the labor condition application expired or was withdrawn. Required payroll records (W-2/pay-stubs) for the H-1B employees and other employees in the occupational classification must be retained at the employer’s principal place of business in the U.S. or at the place of employment for a period of three years from the date(s) of the creation of the record.

What are the Consequences for not Complying?

Employers who fail to comply with the Department of Labor (“DOL”) regulations may become subject to investigation, civil and administrative penalties, payment of back wages, and disbarment from participation in key immigration programs. If a company is assessed to be a willful violator of DOL regulations, burdensome pre-filing recruitment may be imposed upon its future H1B petitions.

Our LCA Public Access File Compliance Services:

In all H-1B petitions, we ensure that the client receives a public access file, and clear guidance on how to maintain it. Failure to create a public access file for every H-1B petition puts an employer at risk. We also provide counsel to our clients in the event of a DOL audit.

Contact Us

To discuss LCA Public Access File compliance and audits with an experienced immigration lawyer from the Shah Peerally Law Group, feel free to contact us by email or call us at 510-742-5887.

DOWNLOAD ‘ATTORNEY ON AIR‘ FREE APP FOR AUDIO, VIDEO AND BLOG LEGAL UPDATES

Android

googleplay

Iphone

iphone

Latest Pages

1. Sanam Amir

Sanam Amir Legal Assistant sanam@peerallylaw.com Sanam Amir is a legal assistant at the Shah Peerally Law Group. She has been working at the firm since August 2014. She grew up in Islamabad, Pakistan and Hayward, California. Sanam graduated from the … Continue reading

2. Shabana Ijaz

Shabana Ijaz Administrative Assistant shabana@peerallylaw.com Shabana Ijaz is an administrative assistant at Shah Peerally Law Group. She has been working at the firm since March 2014. She grew up in Stockton, California. Prior to joining the firm she attended college … Continue reading

3. Minha Javed

Minha Javed Associate Attorney Minha Javed is an associate attorney at the Shah Peerally Law Group. She has been working at the firm since June 2014. She grew up in Granite Bay, California, near Sacramento. Minha graduated from the University … Continue reading

4. Mr. Samy Baaghil

Mr. Baaghil, formerly a Board of Immigration Certified and accredited to represent immigrants at the USCIS (formerly INS), has helped hundreds with their immigration and naturalization process. For over 20 years, Mr. Baaghil has worked diligently to assist immigrants in … Continue reading

5. Pub. L. 109-472 Department of State Authorities Act of 2006

Pub. L. 109-472     Department of State Authorities Act of 2006 109 th Congress January 11, 2007 120 Stat. 3554 ________________ H.R.6060 An Act To authorize certain activities by the Department of State, and for other purposes . Be it … Continue reading