H-1B File Maintenance
Tips for Maintaining a Public Access FileIt is important not to include any document in the public access file unless specifically required. Because the public and the Department of Labor have the right to inspect your company's public access files, it is important not to put documents or information in those files that can compromise employ privacy, or result in unnecessary liability or embarrassment for the company. In short, it is important not to include any document in the public access file unless the law specifically requires you to.
A complete copy of the H-1B petition should not be included in the public access file, nor should company financials, confidential employee information like academic records, employment history, disciplinary reports, or other documentation properly stored in the employee's personnel file. To accomplish this goal each H-1B employee's public access file must be separate from her personnel file.
To further safeguard employee privacy you may identify public access files by number.
Checklist of Documents to Include in the Public Access FileThe following items are listed under 20 CFR 655.760 as necessary to include in the H-1B public access file:
A copy of the completed labor condition application with instructions (Form ETA-9035 with Form ETAaEUR'9035CP -- if filed electronically, the employer should retain the original signed LCA in the public access file. 20 CFR 655.760(a)(1);
Documentation showing the wage rate paid to the HaEUR'1B worker -- meaning the precise wage paid to the H-1B worker in actual salary and not an estimate. 20 CFR 655.760(a)(2).
1. A full, clear explanation of the system the employer used to set the "actual wage." 20 CFR 655.760(a)(3);
2. A full, clear explanation of the system the employer used to set the "prevailing wage." 20 CFR 655.760(a)(4);
3. Proof of satisfying union/employee notification requirements -- for non-union positions this means the posting notice. 20 CFR 655.760(a)(5);
4. A summary statement of benefits offered to US workers and H-1B workers. 20 CFR 655.760(a)(5)