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Creating a Public Access File

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CREATING A PUBLIC ACCESS FILE H-1B, H-1B1 and E-3 sponsoring employers are required to maintain a public access file (PAF) for each employee. All PAFs must be available for the public to review upon request within one working day of filing the Labor Condition Application (LCA). Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional information on the issues discussed, consult a Envoy-retained attorney or another qualified professional. Website, technology platform and administrative services provided by Envoy Global Inc., a Delaware corporation. Legal services provided by Envoy-affiliated attorneys. © 2017, Envoy Global Inc., All Rights Reserved. (312) 964-6300 | WWW.ENVOYGLOBAL.COM Rate of pay for the H-1B worker A copy of the certified LCA and cover pages If applicable, documents demonstrating that union was notified Description or summary of the actual wage system Prevailing wage rate and its source Documentation that the notice requirement was satisfied (which must be dated, include location of postings and include a copy of the actual notice posted in two locations at each place of employment listed on the LCA) Summary of benefits offered to U.S. workers and H-1B workers If there are multiple business entities under one umbrella organization, provide a list of entities included as a single employer Employers considered to be H-1B-dependent, willful violators, or employers with a change in corporate structure must add additional information to the PAF. Contact your immigration attorney to ensure compliance. Here's What Should Be Included: Store PAFs Electronically Recently the Department of Labor's Office of Foreign Labor Certification confirmed that storing PAFs electronically also satisfied the regulatory requirements and encouraged employers choose one method of storage going forward. Use technology whenever possible, but above all, be consistent. Maintain PAFs For One Year Each PAF must be kept for one year past the length of the sponsored employee's tenure with the employer. It is recommend that employers do not retain PAFs longer than the regulations requires. PAF retained beyond the one year requirement are unnecessary liabilities if they contain errors or mistakes. Prepare For an Audit Designate a PAF internal expert and perform regular audits. Set reminders to make sure there is consistency and standardization of the documentation. Finally, have a plan if an officer or agent shows up at your front door without notice. See our How to Prepare for an Audit Checklist for more specific details.

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