Last Updated on November 6, 2024
Employers of H-1B, H-1B1 and E-3 visas must keep public access files (PAF) for every sponsored employee available for public viewing. Recently, the Department of Labor’s Office of Foreign Labor Certification confirmed that storing electronic public access files satisfied regulatory requirements. Employers should choose one storage method for storing electronic public access files.
Electronic Public Access File Storage
An electronic filing system is extremely helpful in storing public access files. Though it’s important to use technology whenever possible, it’s important to be consistent with your storage method.
All printed and electronic public access files must be kept for one year before the sponsored employee’s tenure with the employer. On the other end of the spectrum, it’s recommended that employers do not retain PAFs longer than the regulations require. PAFs retained beyond the one-year requirement are unnecessary liabilities if they contain errors or mistakes. Don’t take the chance: After one year, you should permanently delete your public access files to ensure no mistakes could result in a fine.
Organizing Electronic Public Access Files
It is important to delete public access files one year after the expiration date of the LCA or after withdrawal of the LCA, whichever is earlier unless your company is undergoing a DOL audit. Please speak to your immigration attorney if this is the case. It’s also important to keep your public access files stored separately from other important immigration documentation. You want to avoid an I-9 or other unrelated file finding its way in there only to have it accidentally deleted with your PAF.
Regular audits of your PAFs ensure consistency and standardization of documentation. If you have any questions about particular documents, you should direct them to your attorney.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
