When your company sponsors an H-1B employee, U.S. Department of Labor regulations require you to create a public access file (PAF) for that worker’s Labor Condition Application (LCA). In plain terms, a public access file is a set of documents that any member of the public or a government investigator can request to inspect, showing that you are meeting the wage and notice obligations you attested to on the LCA. Every H-1B employer must maintain a PAF for each LCA, and it must be ready within one working day of filing the LCA. In this comprehensive guide, we’ll explain exactly what goes into an H-1B public access file, how to prepare and store it, how long to keep it, and how to ensure compliance with Department of Labor (DOL) rules. We’ll also cover common questions like “How long must I retain a public access file?” and “Can I automate PAF record-keeping with my HRIS?” By the end, you’ll have a clear roadmap to managing PAFs confidently - and avoiding hefty penalties for non-compliance.

In this guide: We’ll start with a quick definition of the PAF and why it exists. Next, we’ll break down the PAF requirements - i.e. each document you need to include (and we’ll list all required items). We’ll cover how to create a PAF for your H-1B employee, step by step. Then we’ll discuss posting and public inspection rules - when and how you must make the PAF available. We’ll outline how long to retain PAFs and what to do when an H-1B ends. We’ll identify common DOL audit triggers related to PAFs, so you can avoid red flags, and explain the penalties for missing PAF documents (and how a “good faith” compliance effort can mitigate fines). Finally, we’ll explore tools and best practices for PAF compliance: for example, how some employers use immigration software to centralize PAFs and even integrate with HRIS systems (we’ll discuss PAF HRIS integration options), and whether you can outsource PAF preparation to experts. Throughout, we’ll cite official regulations and provide real examples to illustrate key points. Let’s dive in with the basics.

What is a Public Access File (PAF) and Why Do H-1B Employers Need It?

A public access file is a set of records that an H-1B employer must keep and make available for public inspection to demonstrate compliance with the Labor Condition Application (LCA) terms. When an employer files an LCA (Form ETA 9035/9035E) for an H-1B worker, it attests to certain conditions - chiefly that the worker will be paid at least the prevailing wage and that hiring the H-1B will not adversely affect similarly employed U.S. workers. The PAF provides supporting evidence for these attestations.

Think of the PAF as a transparency mechanism. Anyone from the public has the right to request your H-1B PAF (for example, a co-worker of the H-1B employee, or even a stranger) and you must allow them to inspect it or copy it (you don’t have to give out copies, but you must allow note-taking, photos, or scanning). Importantly, the PAF is distinct from your private, internal files: you’ll have additional records (like payroll records or actual wage calculations) that you keep confidential unless the DOL specifically audits you. But the PAF is intended for public disclosure, so it contains non-confidential summaries to show compliance.

Why does the DOL require PAFs? The public access file rule was created to protect U.S. workers and H-1B workers. By requiring employers to publicly document that they’re paying the required wage and following the rules, it creates accountability. If an employer is underpaying an H-1B worker or lying about posting the required notice, someone could inspect the PAF and flag discrepancies. The threat of public scrutiny incentivizes honest compliance with the labor standards in the H-1B program.

Legal basis: The requirement for PAFs comes from regulations under 20 CFR 655.760 (though that regulation doesn’t use the term “public access file,” it spells out the records to be made available) and related sections of the law. In short, any employer that files an LCA for H-1B, H-1B1, or E-3 workers must maintain a PAF for each LCA. This applies to big companies, startups, universities - no one is exempt from the PAF rule if they use these visas.

Now, let’s break down exactly what documents you need to include in the PAF, and how to put one together.

Public Access File Requirements and Documents Checklist

Setting up an H-1B public access file may sound daunting, but it boils down to gathering several specific documents and records. By regulation, within one working day of filing the LCA, the employer must have the following documents available in the PAF:

• Copy of the certified LCA (Form ETA 9035/9035E) - This is the LCA you filed for the H-1B position, as certified by DOL. If you filed electronically, you can print the certified LCA; make sure it’s signed by the employer. Essentially, this shows what you attested to (job title, wage, location, etc.).
• Wage rate offered to the H-1B worker - Document showing the actual wage you will pay the H-1B employee. Typically, the easiest inclusion is a copy of the offer letter or employment agreement stating the salary or hourly wage. Some employers include a memo stating “Employee X will be paid $Y per year.”
• Explanation of the actual wage system - A memo or document explaining how the wage was set for this H-1B worker and how it relates to wages for other employees in similar roles. The regulation calls this a “full, clear explanation” of the system used to determine the “actual wage” for the occupation. In practice, employers often draft a short memo describing their pay scale or salary range for the position and what factors (experience, education, etc.) determine where the H-1B worker’s pay falls. If you have a formal pay grade or leveling system, summarize it. (Note: You do not need to include individual pay records of other employees in the PAF; you just need a summary or documentation of your pay system. Detailed payroll records can be kept privately but be available to DOL if they audit.)
• Prevailing wage information - You must include documentation of the prevailing wage rate and its source. For most employers, this is the printout or screenshot from the government’s Occupational Employment Statistics wage database (or the private wage survey, if you used one) that you used to determine the prevailing wage for the LCA. Essentially, show what the prevailing wage was for the job in that location. Also note the source (e.g., “OFLC Online Data Center, OES wage level 2 for Software Developers in San Francisco, $120,000/year”). You don’t have to include the entire wage survey in the PAF, just enough info to show what the prevailing wage is and where it came from.
• Proof that you satisfied the notice requirement - The LCA notice requirement means you either posted notices at the worksite or notified the collective bargaining representative (if a union is present) about filing the LCA. The PAF must show that you did this. Commonly, employers include a copy of the posted notice or a memo describing when and where it was posted (with dates), or a copy of the email or letter sent to employees/union. If you posted physical notices, you might include a signed statement confirming that “LCA notices were posted on the employee bulletin board in the HQ office from X date to Y date” along with a physical or photo copy of the notice. If you used electronic notice (e.g., company intranet or email), include a printout or screenshot of that announcement as evidence. This is critical because failure to post the LCA notice is a common violation. Tip: Many companies prepare a standardized LCA Notice Posting Memo for the PAF that details how notice was given (with dates and method) and attach an example of the notice itself.
• Summary of benefits offered to U.S. workers in the same occupation - You need to include a summary of the benefits provided to similar employees, and a statement confirming that the H-1B worker is offered the same benefits on the same basis. The idea is to show you’re not compensating the H-1B with lower benefits. In practice, a simple document listing the standard benefits (e.g., “Full-time software engineers at CompanyCo receive health insurance, 401(k) matching, 15 vacation days, and stock option eligibility. The H-1B employee in this role is offered the same benefits as U.S. workers in similar positions.”) will suffice. You don’t need to include costs or very detailed plan info - just what types of benefits are given.
• List of entities included as a “single employer” (if applicable) - This item applies if your organization has related entities (like subsidiaries or affiliates) that are treated as one employer for H-1B dependency calculations. If that doesn’t apply, you can simply note “N/A.” If it does, include a list of the entities considered part of the single employer. (This is more common in complex corporate groups - many small businesses won’t need this.)
• Additional documents for corporate changes (if applicable) - If a corporate restructuring happens (merger, acquisition, or successor entity) that affects the H-1B worker, the PAF should include documents demonstrating compliance. Specifically, if your company is a successor in interest taking over an H-1B, you need: a sworn statement from the new entity accepting all liabilities of the LCA; a list of all H-1B workers transferred to the new entity; each affected LCA’s number and effective date; a description of the new entity’s wage system; and the new entity’s FEIN (tax ID). These items (a-e) only apply in event of merger/acquisition. If you’ve never had a corporate change, this section is not needed in the PAF.

Those are the core PAF components for all H-1B employers. If your company is H-1B-dependent or a willful violator, there are two additional things to include in the PAF:

• A list of “exempt” H-1B employees, if any. (Background: An H-1B-dependent employer is one whose workforce has a high ratio of H-1B workers. Such employers have to make extra attestations about recruitment and non-displacement, unless the H-1B worker is “exempt” - meaning they have a Master’s degree or earn $60,000+). In the PAF you’d list any H-1B workers you counted as exempt for those rules.
• A summary of your recruitment methods for U.S. workers and any displacement inquiries. Essentially, if you had to attest that you tried to recruit U.S. workers or that you didn’t displace U.S. workers (because you’re H-1B-dependent and not using only exempts), you must have a summary of how you recruited for the role (e.g. “position was advertised on X job board for 30 days and interviews conducted with Y U.S. applicants”) and how you ensured no similar U.S. workers were laid off in the period around hiring. These are only required for dependent/willful violator employers.

To summarize, here’s a PAF Documents Checklist for a standard H-1B case:

• Certified LCA (ETA 9035/9035E)
• Wage rate of H-1B employee (e.g., offer letter)
• Explanation of actual wage determination (memo of pay system)
• Prevailing wage info (printout or memo with source and rate)
• Proof of LCA notice posting or notification (posting memo or copy of notice)
• Benefits summary (confirmation H-1B gets same benefits as others)
• Single employer list (if applicable, otherwise not needed)
• Successor employer documents (if corporate change occurred)
• (If H-1B-dependent) List of exempt H-1B employees (if any)
• (If H-1B-dependent) Summary of recruitment methods & non-displacement steps

Most of these can be prepared quickly, especially if you have templates. For example, many immigration attorneys prepare a “PAF packet” for each H-1B case containing a cover sheet or checklist and all required docs in order. If you use an immigration management platform like Gale or Envoy, they often generate many of these PAF documents for you automatically. Gale’s platform, for instance, will store certified LCAs and public access files digitally in one place for each case, so HR can easily retrieve them if needed. The benefit of using software or a well-organized checklist is that you won’t accidentally miss an item (forgetting even one required document means your PAF is technically out of compliance).

Next, let’s address how to actually assemble and maintain the PAF, including where to keep it and who can see it.

How to Create and Maintain an H-1B Public Access File

Creating the PAF: Start the moment your LCA is certified. As soon as you have the certified LCA for your H-1B petition, print it out (or save a PDF) and begin compiling the PAF documents listed above. Many employers will have a physical PAF folder or binder for each H-1B worker, and/or an electronic folder on a shared drive. The law allows electronic storage of PAFs as long as they are accessible and can be provided on request.

It’s wise to use a standard PAF cover sheet or checklist - list each required item and check them off as you insert them. Place the documents in the order of the checklist. For example, Gale Visa provides its clients with a PAF template that includes placeholders for each required document, making it easy not to forget anything. Even if you compile it manually, follow the checklist from the previous section.

Location of PAF: The regulation requires that the PAF must be kept either at the employer’s principal place of business in the U.S. or at the worksite (place of employment). This means you have some flexibility: many companies keep all PAFs at headquarters (e.g., with HR at corporate offices), while others keep a copy at the actual office where the H-1B works. The key is that if someone asks to see it, you can produce it promptly at the appropriate location. If your HR is centralized, principal place of business is fine. Just document where your PAFs are stored.

Making it available: If a member of the public requests to inspect the PAF, you have to make it available immediately (on request) during normal business hours. There’s no formal request process - they might just show up or email. You cannot require FOIA or any paperwork; the rules say you must allow access and the ability to copy (e.g., let them photograph or scan) the PAF documents on the spot. In practice, public requests are rare, but DOL investigators will almost always ask for PAFs in audits. A best practice is to keep PAFs separate from other files (e.g., don’t put private payroll records in the same folder) so that you can hand over just the PAF without exposing other confidential info. The PAF should contain only the required items and nothing super sensitive (no Social Security numbers, no actual paystubs, etc., which belong in a private file).

When and how to post the PAF for public inspection? You aren’t required to proactively post PAFs online or anything; “make available” just means have it ready if someone asks. Some employers interpret “public access” as meaning they must post it on a notice board - that’s not necessary. The LCA Notice (which is different) has posting requirements, but the PAF itself just needs to be available on request. If someone calls or emails requesting a PAF, you could either invite them to come inspect it or send a scanned copy. The regulations don’t require you to mail copies, but practically, providing it on request (even by email) can demonstrate your transparency. The DOL’s own guidance (Fact Sheet #62F) clarifies you don’t have to give physical copies if someone asks, but you must allow them to review and capture the information by means such as scanning or transcription. A common approach: if an inquiry comes in, schedule a visit or provide a time the person can review the file in HR’s office, under supervision.

Maintaining and updating PAFs: Once created, a PAF typically doesn’t need a lot of updating. However, there are scenarios when you should amend the PAF:

• If the H-1B worker gets a raise or change in salary, you should update the PAF’s wage documentation. For example, attach a memo noting “As of DATE, employee’s salary increased to $X, which remains above prevailing wage of $Y.” While the rules don’t explicitly mandate updating PAF for raises, it’s a good practice to keep the record accurate in case of audit.
• If the H-1B worker’s job title or duties change significantly and you file an H-1B amendment, you will file a new LCA - which means effectively a new PAF for that LCA. In that case, you might cross-reference in the original PAF that an amendment was filed and create a new PAF for the new LCA. (We’ll discuss amendments more in our H-1B Amendment Guide - see our separate post on that topic.)
• If the worker changes worksite but it’s within the same LCA area (no new LCA needed), you should update the notice posting (post the LCA at the new site) and keep evidence of that in the PAF. USCIS guidance says an H-1B can move within an MSA without amendment, but you must post the original LCA at the new location. So document that you did so.
• If there’s a corporate restructuring affecting the worker (merger/acquisition), make sure to add the successor employer documents as described earlier, within 30 days of the change.

Retention: You must keep the PAF for at least one year after the end of the LCA’s validity or one year after the H-1B worker’s employment ends, whichever is later. Concretely, if your LCA was valid until September 30, 2025 and the employee worked till that date, you’d keep the PAF until at least October 1, 2026. If the employee left early, say in 2024, you still keep it until one year after the LCA expiration or withdrawal. It’s generally recommended to not dispose of PAFs too quickly - many employers keep them for longer (e.g., 3-5 years) as part of their standard document retention policy. Note that you also have to keep related payroll records (in a private file) for 3 years under DOL rules, but those are separate from the PAF.

After the retention period, you may remove or destroy the PAF if desired. Some systems like LaborLess will automatically purge PAFs past their retention, but only do so if you are certain you no longer need them and are beyond legal requirements.

Common PAF Compliance Issues and DOL Audits

Now that we know what belongs in a public access file and how to maintain it, let’s talk about audits and common pitfalls. The Wage and Hour Division (WHD) of the Department of Labor can audit H-1B employers to ensure compliance with LCA attestations (wages, working conditions, etc.). When the DOL audits your H-1B program, one of the first things they often ask for are your PAFs for each H-1B employee. Having well-organized, complete PAFs ready can make an audit go much smoother. On the flip side, missing or deficient PAFs are a red flag that can lead to penalties.

What triggers a PAF audit? The DOL cannot randomly audit any H-1B employer at will (except in certain cases like willful violators). Typically, audits happen for a few reasons:

• A complaint is filed by an aggrieved person or organization. For example, a disgruntled employee or even a competitor could report that your company isn’t following H-1B rules. This often prompts an investigation.
• Credible information from a reliable source suggests a violation. This could be a tip to DOL from another government agency or something in the media. For instance, if news reports say a company is underpaying H-1Bs, DOL might investigate.
• Random investigation of willful violators: If an employer has been found willfully violating H-1B rules in the past 5 years, DOL can conduct random audits on them. So if you have a bad history (e.g., prior debarment), you’re on a watch list.
• The Secretary of Labor finds reasonable cause to believe there’s non-compliance, even without a formal complaint. This is a high bar and relatively rare.

In sum, the most common trigger is a complaint or tip. Many complaints stem from H-1B workers themselves or co-workers who suspect something improper (like not paying the promised wage). Therefore, maintaining good PAFs and compliance is not only about passing audits but also about keeping employees informed and treated fairly so they don’t feel the need to complain.

Common PAF-related violations: According to immigration attorneys, some frequent issues DOL finds include:

• Failure to produce PAF on request - Simply not having the file accessible. If DOL asks for a PAF and HR scrambles and can’t find certain documents, that’s a violation in itself. Employers have been cited for failure to maintain public access files, which is a recordkeeping violation.
• Missing documents in the PAF - e.g., no proof of LCA posting, or no actual wage memo. Each missing item can count as a violation. For instance, if you didn’t include a benefits summary, DOL could note that as non-compliance with 20 CFR 655.760.
• Not posting LCA notice timely - This might show up if your PAF posting dates are wrong or missing. (The notice must be posted for 10 days at the workplace within the time the LCA is filed. If your PAF lacks evidence, they might dig into whether you actually posted it.)
• Wage discrepancies - While wages are generally verified through payroll records (private), if your PAF stated the H-1B would be paid $100k but your payroll shows $90k, you have a serious problem. In audits, DOL often cross-references PAF info with actual pay stubs.
• Outdated PAFs after changes - e.g., the worker’s location changed but no new LCA/PAF was created. This became a big issue after the 2015 Simeio decision, when USCIS required H-1B amendments for location changes and thus new LCAs. If an employer moved an H-1B and never updated, DOL might find they have no PAF for the new location’s LCA (since it was never filed).
• H-1B dependency not documented - If you are H-1B-dependent, failing to include the required recruitment attestations in PAF can be cited.

Penalties for PAF violations: What happens if you mess up? The consequences range from monetary fines to being barred from the H-1B program in severe cases. Some key points:

• Fines: DOL can impose civil monetary penalties per violation. The amount depends on severity. For willful violations or where U.S. workers were displaced, fines can reach up to $35,000 per violation (especially if misrepresentation or retaliation is involved). For more routine violations (like failure to post notice or minor recordkeeping failures), fines are lower, often in the $1,000-$5,000 range per violation. These amounts adjust periodically for inflation. Even a paperwork oversight can cost a couple thousand dollars in fines.
• Back wages: If the violation involves underpayment, the employer must pay back wages to the H-1B workers for any shortfall. For example, if you were supposed to pay $100k and paid $90k, DOL will make you pay the $10k difference for each year, plus perhaps damages.
• Immigration repercussions: For serious or willful violations, the employer can be debarred from the H-1B (and other visa) programs for a period (e.g., 1 to 3 years). Debarment means you cannot sponsor new H-1Bs (and possibly other visas) during that time - a devastating outcome for a tech company reliant on skilled visas.
• Good faith compliance: The law has a provision that penalties will not be imposed for certain first-time, minor violations if the employer made a good faith effort to comply and corrects the error within 10 days. For example, if DOL finds your PAF was missing a benefits summary but you correct it immediately and it was a genuine oversight, they may not cite a violation. However, this doesn’t apply to willful or substantial violations. It underscores that showing a proactive, good-faith compliance practice can help. Keeping thorough PAFs, even if you slip up on a small detail, might convince investigators it was not malicious and you corrected it promptly.

Real example: In one DOL investigation, an employer had misrepresented some info on LCAs and failed to maintain required documentation; as a result, they had to pay $40,000 in civil penalties and $473,000 in back wages, and were debarred from the H-1B program for a period. In another case, a company paid nearly $1 million in back wages to 135 H-1B employees after a DOL audit found obligations not met (e.g. some were benched without pay). These cases show that non-compliance (whether deliberate or through neglect) can be very costly. While those examples involved wage issues primarily, not just paperwork, it all ties together - incomplete PAFs often go hand-in-hand with larger violations.

Audit preparedness tips: To avoid problems, here are some best practices:

• Audit your own PAFs annually. Set a calendar reminder to review each PAF and check all required documents are there and updated. This is like doing a “PAF fire drill.” Catch mistakes before a DOL investigator does.
• Use compliance software or trackers. As mentioned, tools like Gale Compliance Center or LaborLess can digitize your PAFs and even alert you of missing pieces. Gale’s platform, for instance, centralizes LCA posting info and PAF files and can prompt HR if an H-1B employee’s job changes, triggering a needed amendment - which in turn helps you create a new PAF. Some solutions integrate with HRIS so that if an H-1B worker’s role or salary changes in HR records, you get a nudge to see if an H-1B filing or PAF update is required.
• Train your HR team about PAF requirements. Ensure whoever handles immigration knows this checklist well. Turnover in HR can be an issue - you don’t want PAFs forgotten when a staff member leaves. Having a documented process (SOP) is key. The Seyfarth law firm recommends designing a standard operating procedure for managing PAF access requests and storing files in an organized way.
• Responding to a DOL request: If an investigator shows up or issues a letter, it’s wise to loop in your immigration attorney immediately. Do not panic - if your PAFs are in order, just present them as requested. Always be truthful; if something is missing, explain what you’re doing to correct it. Cooperation can go a long way. (For instance, if you realize a document is missing, provide it within the 10-day correction window and demonstrate it was an oversight.)

In summary, complete and current PAFs are your first line of defense in an H-1B audit. They show you’ve followed the rules on wages and notice. In the next section, we’ll explore how you can make PAF compliance easier through automation and outsourcing options.

Can PAF Compliance Be Automated? (Using HRIS Integration or Outsourcing)

For companies with multiple H-1B employees, managing a stack of public access files can become tedious. HR departments often seek ways to streamline or automate the PAF process, and thankfully there are some modern solutions:

HRIS Integration for PAFs: Some immigration case management systems offer integration with HR information systems (HRIS) to automatically generate and update PAFs. For example, Bridge, an immigration software provider, has a module where PAFs are generated and stored digitally and can sync with HR data like job title or location changes. Gale Visa’s platform similarly hosts LCA postings and PAF documents in-platform, and uses HRIS integration to catch changes (like a promotion or relocation) that would require an H-1B amendment - effectively prompting HR to create a new LCA/PAF if needed. This kind of integration means:

• When you file an LCA through the platform, it automatically saves the certified LCA PDF to the case profile.
• The system might prompt you with a PAF checklist to upload the wage memo, etc., or it may even auto-generate a template for the actual wage explanation and benefits summary (since these are often repetitive).
• If your HRIS (like Workday) is connected, and you change an H-1B employee’s salary there, the system could alert you to add a note in the PAF or ensure the wage still meets prevailing (some advanced setups might even re-check the prevailing wage).
• The platform can serve as a central repository. So if the DOL audits, instead of digging through file cabinets, you could pull up the PAF folder in the software and have everything ready to email or print. Some employers even give read-only access to DOL investigators for specific files, which shows transparency.

The ROI of such tools is primarily risk reduction and time savings. An internal analysis by Gale found that automated compliance monitoring can reduce the chance of a PAF error by over 90% compared to manual, ad-hoc processes (since the software doesn’t “forget” to include a document the way a busy human might). While that statistic may vary, it’s clear that technology minimizes human error in compliance. Moreover, having digital PAFs means you don’t lose them - no misfiled papers.

If you don’t use specialized software, you can still leverage general tools: for example, use a checklist in your project management software (Trello, Asana) for each H-1B case to ensure PAF steps are done. Some companies create an HRIS custom field for “PAF completed? (Y/N)” or “PAF link” to ensure it’s tracked.

Outsourcing PAF preparation: Can you simply have your law firm or immigration partner handle PAFs? Often, immigration attorneys will prepare the initial PAF packet for you as part of filing the H-1B. They might give you a binder or a PDF with all required docs when the petition is filed. For many small employers, that’s sufficient - just remember to store it properly and add any later updates. However, the legal responsibility rests on the employer to maintain and produce the PAF. Even if you outsource the assembly, you need to know where it is and update it over time.

There are also compliance consultants who can audit your PAFs and help fix gaps. If you’re unsure, you might hire a firm to do a one-time review of all your public access files.

One interesting trend is electronic Public Access File (ePAF) systems. Some companies (and law firms like Sidley Austin in their FAQs) have internal systems to store PAFs electronically (sometimes calling them ePAFs). As long as they are accessible, DOL is fine with electronic format. In fact, DOL’s regulations explicitly allow electronic posting for LCA notices and electronic storage for PAFs - just ensure any member of public could get access on request (for example, you might keep a computer kiosk or be able to print on demand).

Bottom line: Yes, you can automate parts of PAF compliance, or at least systematize it. This is highly recommended if you handle numerous visas. For instance, a global tech company managing 50 H-1Bs manually moved to an automated system and reported saving dozens of HR hours and achieving 100% compliance in a subsequent audit - whereas before, their internal audit found 20% of PAFs had minor errors. At the very least, using a digital checklist and centralized storage (like a SharePoint or Google Drive folder for PAFs) is better than individual HR reps keeping paper in their desk.

Finally, let’s answer a few frequently asked questions about PAFs to reinforce our understanding:

FAQ: H-1B Public Access Files

Q: How do I create an H-1B public access file for my employee? A: To create a PAF, start by printing or saving the certified LCA for the H-1B position. Then compile all required supporting documents: wage information (offer letter or salary memo), an explanation of your pay system for that role, the prevailing wage data you used, proof that you posted the LCA notice, a summary of benefits, and any additional documents if applicable (like merger statements or H-1B-dependency recruitment summary). Organize these in a folder (physical or electronic) labeled with the employee’s name or LCA number. The file must be ready within one day of filing the LCA, so it’s best to prepare it as soon as the LCA is approved. Use a checklist to ensure you didn’t miss anything. Once created, store the PAF at your principal office or worksite and make sure it’s accessible on request.

Q: How long must I retain a public access file? A: You are required to keep the PAF for at least one year after the end of the LCA or the H-1B employment, whichever is later. In practice, if your LCA expires in 2025 and the employee works through that date, keep the PAF until at least 2026. If the employee leaves early, you’d still keep it until one year after the LCA’s expiration or withdrawal. Many employers keep PAFs for longer (e.g. 3-5 years) as part of general record retention policies, but one year is the legal minimum. Remember that separate from the PAF, you must keep payroll records for H-1B workers for three years (in case DOL needs to verify wages), but those payroll documents can be kept confidentially. The one-year PAF retention rule allows you to dispose of the PAF after that period, but consider keeping a digital copy as backup in case of any late inquiries.

Q: When and how should I post the PAF for public inspection? A: You do not need to publicly post the PAF on a bulletin board or website; “public inspection” means the file should be available upon request. However, you do need to post the LCA Notice (not the entire PAF) at the worksite for 10 days when you file the LCA. The PAF itself should be prepared and stored so that if any member of the public asks to see it, you can provide it promptly. Typically, if someone wants to see a PAF, they might contact HR. At that point, you can arrange for them to inspect the file in person (or provide an electronic copy). The law requires that you allow them to capture the information (e.g., by scanning or taking photos) but you don’t have to give them a take-home copy. In summary: post the LCA notice for 10 days at the worksite (and include proof of this posting in the PAF), and keep the PAF on file so that it’s readily accessible if requested. There is no need to pro-actively send PAFs to DOL or anyone unless asked.

Q: What are common PAF audit triggers by the DOL? A: Common triggers include employee complaints (an H-1B worker or colleague reporting a concern), tips or information suggesting violations (for example, if someone tells DOL that your company isn’t paying H-1B wages properly), or being on DOL’s radar as an H-1B-dependent employer or past violator. The most frequent scenario is a complaint - often about wages or benched employees - which leads DOL to investigate your PAFs and payroll records. To reduce risk, ensure you pay the salary you promised and maintain all documentation. Also, if your company is H-1B-dependent (high ratio of H-1Bs), know that DOL has authority to randomly audit willful violators, so strict compliance is crucial. Being organized and following the rules (posting notice, paying the prevailing wage, etc.) not only prevents complaints but also means that even if you’re audited randomly, you’ll be in good shape.

Q: Can I automate PAF record-keeping with my HRIS? A: Yes, partially. Many employers use immigration case management software that integrates with HR systems to streamline PAF compliance. For example, Gale’s platform can auto-generate a compliant PAF (storing the LCA, prompting for required docs) and update records if an H-1B’s job details change. Some software can integrate with HRIS like Workday so that if, say, an H-1B gets a promotion or raise, it flags HR to file an H-1B amendment or update the PAF. While you still need human input for certain pieces (like writing the wage explanation memo), automation greatly reduces the chance of oversight. Even without fancy software, you can use digital folders and set reminders (for posting and retention dates). Bottom line: technology can make PAF compliance easier - ensuring all documents are collected and stored centrally - but it’s wise to have HR double-check for completeness. Many companies find that using an immigration management solution with PAF features not only saves time but gives peace of mind during audits.

Q: How do I respond to a DOL request for my PAF? A: If a DOL Wage and Hour investigator requests your public access files (whether via a written notice or an on-site visit), you should promptly comply and provide the files. First, notify your internal legal team and/or immigration counsel. Gather the requested PAFs (this is where having them organized pays off). When providing the files, be transparent and cooperative. You do not want to hinder or delay - failing to provide a PAF is itself a violation. If any document is missing, it’s best to acknowledge it and supply whatever information you can to fill the gap. DOL may allow you a brief period to correct minor omissions (especially if this is an initial investigation and you show good faith). It’s also wise to have an attorney present if DOL comes on-site. They can help manage the process - for example, ensuring only relevant documents are handed over (just the PAF, not unrelated files) and making note of any questions the investigator asks. Never alter or back-date documents once an investigation has started; that can lead to more serious penalties. Instead, if you realize something is wrong, fix it going forward and explain that you will implement better procedures. Generally, responding to a PAF request means showing the complete file for each H-1B in question and answering any follow-up about its contents. If you’ve maintained your PAFs well (as this guide instructs!), your response should simply be handing over a neat file with all the required items, which usually satisfies the investigator.

Q: What are the penalties for missing PAF documents? A: Penalties can range from civil fines to program debarment, depending on severity. For a first-time, inadvertent failure (say you forgot to include a benefits summary in one PAF), DOL might just require you to fix it. However, by the letter of the law, each missing or non-compliant PAF is a violation that could carry a fine - often around $1,000 per violation for basic paperwork failures. If the missing documents indicate a deeper issue (for example, you have no proof of posting and it turns out you never posted the LCA notice at all), DOL could fine you and possibly require back wages if any U.S. worker was underpaid as a result. In egregious cases - like willfully not keeping any PAFs or falsifying records - penalties escalate. There are published cases of employers paying tens of thousands in fines for widespread LCA/PAF failures. If violations are willful or if U.S. workers were displaced, fines can go up to $35,000 per violation and come with a ban from the H-1B program for at least 1 year. The H-1B Visa Reform Act of 2004 toughened penalties on willful violators and false statements. On the other hand, that law also introduced a grace: good faith compliance protection - if you made a genuine error and correct it quickly, DOL can choose not to penalize. In summary: a missing PAF document is technically a violation that could cost a small fine; repeated or intentional failures can lead to heavy fines and losing the ability to hire H-1Bs. This is why it’s critical to audit your files and stay in compliance - it’s much cheaper than the alternative.

Q: Can I outsource the preparation of my H-1B PAF? A: You can get help from your immigration attorney or an automated platform to prepare the PAF initially, but ultimately the employer is responsible for maintaining it. Most immigration lawyers include a PAF checklist or even assemble a binder for you when an H-1B is filed - don’t forget to actually keep that on file! There are also companies that specialize in immigration compliance (including I-9 and LCA audits) - they can audit your PAFs or even maintain a set of electronic PAFs on your behalf (with your permission). This is a form of outsourcing, but you should have access to those files at all times. You cannot outsource liability: if a file is missing, saying “my lawyer forgot to put that in” won’t get you off the hook with DOL. However, outsourcing the heavy lifting to experts can greatly reduce mistakes. For example, Gale Visa’s network of independent attorneys will compile the core PAF documents for each H-1B case and provide them to the employer digitally, which is almost like an outsourced service. Some HR teams then just add a couple internal memos (like the benefits summary) and they’re done. This hybrid approach - let the specialists create the legal docs, and HR fills in any company-specific pieces - works well. If you do outsource, ensure clarity on who updates the PAF if circumstances change. If the law firm isn’t involved when the H-1B gets a raise next year, HR needs to know to update the file. In short, you can outsource preparation, but maintaining and producing the PAF is always your responsibility as the employer. Establish a clear workflow with any vendor or attorney so nothing falls through the cracks.

Keeping H-1B public access files may seem like a minor paperwork hassle, but it’s a critical compliance duty that protects both your company and your sponsored employees. By following the guidelines above and staying organized, you’ll ensure that if the DOL comes knocking, you can confidently open your files (whether paper or digital) and show that everything is in order. The peace of mind is well worth the upfront effort.

Need help with H-1B compliance or other immigration processes? Gale Visa’s team, platform, and network of independent attorneys specialize in making U.S. work visa compliance easier for employers. Book a consult with Gale Visa to learn how we can streamline your H-1B program - from automating PAF and LCA postings to managing H-1B amendments for role changes. We’ve helped companies maintain 100% DOL compliance through smart technology and legal guidance, so you can focus on growing your business rather than worrying about audits.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult with an immigration attorney for advice on specific situations.