Public Access File Requirement for H-1B Employers

Immigration Lawyer

Welcome to The Deng Law Firm's blog post about the Public Access File requirement for H-1B employers. As a leading provider of immigration and visa services in the field of Law and Government, we strive to educate our clients and deliver the most accurate and up-to-date information.

What is the Public Access File Requirement?

The Public Access File (PAF) requirement is an essential component of the H-1B visa program, specifically targeting employers sponsoring foreign workers. It is a critical document used by the United States Citizenship and Immigration Services (USCIS) to assess an employer's compliance with the H-1B program regulations.

Employers are required to maintain a PAF for each H-1B employee, including both current and former employees. The PAF serves as a record-keeping system that must be made available for inspection upon request by the USCIS, Department of Labor (DOL), or the H-1B employee/authorized representative.

What Should the PAF Include?

The PAF contents should be organized in a separate, confidential file for each H-1B employee, and it should contain the following documents:

  • Employment Offer and Acceptance: A copy of the employment offer letter and the H-1B employee's acceptance.
  • Prevailing Wage Determination: Document showing evidence of compliance with the prevailing wage requirements for the specific occupation and geographic area.
  • Labor Condition Application (LCA): A certified copy of the LCA provided by the DOL.
  • Documentation of Posting: Evidence of posting the LCA notice at the worksite where the H-1B employee will be employed.
  • H-1B Petition: A copy of the H-1B petition filed with the USCIS, including all supporting documentation.
  • Documents Submitted to Support the H-1B Petition: Any additional documents submitted to the USCIS as evidence of eligibility.
  • Documentation of Wage Payment: Records of wage and hour compliance, including pay stubs, payroll records, and any other evidence of payment.
  • Documents Related to the H-1B Employee's Termination: Documentation of any changes in employment terms, termination, or departure from the United States.

Why is the PAF Important?

The PAF is crucial as it helps ensure that employers are complying with the regulations of the H-1B program. By maintaining an organized and complete PAF, employers can demonstrate their adherence to program requirements during inspections or audits.

In the event of an investigation by the USCIS or DOL, failure to produce a well-organized and accurate PAF can lead to significant monetary penalties, loss of future visa sponsorships, and potential damage to an employer's reputation.

How Long Should the PAF be Maintained?

The PAF must be maintained for a period of one year beyond the last date of the H-1B employee's employment or three years from the date of filing the LCA, whichever is later.

It is crucial for employers to keep the PAF updated and available for inspection during this period. The PAF should be stored securely and easily accessible in case of an audit or investigation.

Conclusion

In summary, the Public Access File requirement plays a vital role in the H-1B visa program. Employers must maintain a well-organized PAF for each H-1B employee, containing essential documents to demonstrate compliance with program regulations.

At The Deng Law Firm, we understand the significance of the Public Access File and ensure that our clients remain informed and compliant. Our team of experienced immigration attorneys is dedicated to providing comprehensive immigration and visa services, guiding employers through the complexities of the H-1B program.

If you have further queries or require professional assistance, do not hesitate to contact us. We are here to help you navigate the intricacies of immigration law.

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