What Is LCA/Public Access File Compliance and Audits?
A “public access file” must be retained for each employee in H-1B status. Employers need to set up the public access file for the candidate and they must retain a copy of the required records for a one-year period starting on the last day that any H-1B visa holder is employed. This record is vital because 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. Required payroll records (W-2/pay-stubs) for the H-1B employees must be kept 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 benefits?
By ensuring a company is correctly filing the public access files it can avoid an investigation by the DOL, civil and administrative penalties, payment of back wages, and disbarment from participation in key immigration programs. If a company is determined to be a willful violator of DOL regulations, burdensome pre-filing recruitment may be imposed upon its future H-1B petitions.
How can an attorney help in this process?
In all H-1B petitions, we ensure that the client receives a public access file, and guidance on how to properly file required documents. Failure to create a public access file for every H-1B petition puts an employer in danger of fines and penalties. We also aid our clients in the event of a DOL audit.
To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact us by email or call us at 314-722-5247.