Most H-1B workers have never heard of a Public Access File. Most employers know they need one but are fuzzy on exactly what goes in it, where it must be kept, and what happens when it is incomplete during a DOL audit or a USCIS site visit. In 2026, with enforcement more active than in any recent year, the H-1B Public Access File has moved from a routine administrative task to a frontline compliance obligation. This guide explains exactly what the PAF is, what it must contain, when it must be created, who can access it, and what penalties apply when it is missing or incomplete.

This is not legal advice. Please consult a licensed immigration attorney for guidance specific to your situation.

Why H-1B Workers Should Care About This Too

This guide is written primarily to help employers understand their obligations. But in my experience, H-1B workers benefit just as much from understanding what a PAF is and whether their employer is maintaining one properly. Here is why that matters to you directly.

If your employer fails a DOL audit because of PAF non-compliance, USCIS can revoke your approved H-1B petition. That revocation triggers your 60-day grace period and puts your entire immigration timeline at risk. If you are deep in the green card process, a petition revocation due to something your employer did wrong in an administrative file is a genuinely severe consequence from something you had no control over and may not have even known was happening.

Knowing what a properly maintained PAF looks like gives you the ability to ask informed questions. That is not a bad position to be in.

What Is the H-1B Public Access File?

The Public Access File is a set of documents that every employer sponsoring an H-1B worker is legally required to create and maintain. The requirement comes from Department of Labor regulations at 20 CFR 655.760. It applies to every employer who files a Labor Condition Application, which is required for every H-1B petition. (Source: Department of Labor)

The PAF exists for a specific reason. It gives workers, unions, and the public the ability to verify that the employer is meeting its wage and working condition obligations under the LCA. By making certain information publicly accessible, the DOL creates transparency and accountability in the H-1B program without requiring a formal government investigation to check basic compliance.

Importantly, the PAF is separate from the employee’s personnel file. It must be maintained as a distinct file. Mixing the PAF with personal employment records is a compliance error that can cause problems during inspections.

When Must the PAF Be Created

Timing is one of the most commonly misunderstood aspects of PAF compliance. Many employers create the PAF when the USCIS petition is filed or when the employee starts work. Both are too late.

DOL regulations require that the PAF be available for public inspection within one working day of filing the LCA with the Department of Labor. The LCA is filed before the I-129 petition. Therefore, the PAF must be ready before the USCIS filing even begins. Most immigration attorneys recommend having the PAF fully assembled by the time the LCA is submitted to DOL. (per DOL regulations as of 2026)

Additionally, the employer must provide a copy of the certified LCA to the H-1B worker no later than the date the employee starts work. This is a separate requirement from the PAF itself. However, both must happen in the correct sequence to maintain full compliance.

A Real Situation That Shows What Goes Wrong

Take a mid-size technology services company in New Jersey that sponsored twelve H-1B workers across several client sites. Their HR team created the PAFs at onboarding, not at LCA filing. They also kept the PAFs inside each worker’s general personnel folder rather than as separate files. During a DOL audit triggered by a complaint from a former employee, investigators requested the PAF for three workers. The files were produced but investigators found two problems immediately: the timing documentation showed the files were assembled weeks after the LCA certification dates, and the LCA posting records were missing for two of the three workers. The company received civil money penalty findings and was required to conduct a back-wage audit for all twelve H-1B positions. The workers were not at fault. None of them were underpaid. The violation was entirely procedural. The cost to the company in legal fees, back-wage review, and penalty negotiations exceeded the cost of building a proper compliance system from the beginning by a significant margin. Procedural compliance is not glamorous. It is also not optional.

What Must Be Included in the PAF

The DOL specifies exactly which documents must appear in every H-1B Public Access File. Each item below is required. Missing any of them creates a compliance gap that can generate findings during a DOL audit or USCIS site visit.

1. Copy of the Certified LCA

This is the foundational document. The PAF must contain a complete copy of the certified Labor Condition Application, specifically Form ETA 9035 or ETA 9035E, signed and dated by the employer. The certified version, with the DOL certification stamp, is what belongs in the file. A draft or unsigned version does not satisfy this requirement.

2. Documentation of the Wage Offered

The PAF must document the wage rate that will be paid to the H-1B worker. This means including the actual wage, which is the rate the employer pays to similarly qualified US workers in the same position at the same location. It also means documenting the prevailing wage determination and explaining how the employer verified that the offered wage meets or exceeds both the actual wage and the prevailing wage. The source of the prevailing wage data must be identified, whether that is an OFLC wage determination, a DOL survey, or an independent private survey.

Payroll records showing specific employees’ salaries do not need to be included in the PAF. However, the explanation of how the actual wage was determined must be there. A general description of the wage system used is acceptable as long as it is clear and complete.

3. Explanation of Benefits Provided

The employer must document the benefits offered to the H-1B worker and confirm that those benefits are equivalent to the benefits offered to US workers in the same or comparable positions. This includes health insurance, retirement contributions, paid time off, bonuses, and any other benefits. The documentation should show that the H-1B worker is not being treated differently from US employees in terms of benefit eligibility and value.

4. LCA Posting Notice Records

Before filing the LCA, the employer must post a notice at the worksite informing US workers that an H-1B petition is being filed. This notice must be posted in at least two conspicuous locations at the worksite for ten consecutive business days. Alternatively, the employer may provide the notice electronically to all employees in the same occupational classification at the worksite.

The PAF must include evidence that this posting requirement was satisfied. This means keeping a copy of the notice itself, documenting where and when it was posted, and recording the dates of the ten-day posting period. For electronic notices, retain confirmation of delivery and the date sent. This posting documentation is one of the items DOL investigators check first during audits.

5. Summary of Benefits for US and H-1B Workers

The PAF must include a summary comparing the benefits provided to US workers in comparable positions with those provided to the H-1B worker. This does not need to be an exhaustive document. A clear, honest summary showing that H-1B workers receive equivalent benefits to similarly situated US employees satisfies the requirement.

6. Sworn Statements for Corporate Restructuring

If the employer underwent a merger, acquisition, or corporate restructuring during the LCA period, the PAF must include a sworn or notarized statement from the successor entity accepting all H-1B obligations of the predecessor. Additionally, the file must include a list of all LCAs affected by the restructuring and a description of the successor entity’s wage system. This requirement applies any time the corporate identity of the employer changes materially during an active LCA period.

Additional Requirements for H-1B Dependent Employers

Employers classified as H-1B dependent under federal law face additional PAF documentation requirements. An H-1B dependent employer is generally one where H-1B workers make up 15 percent or more of the full-time equivalent workforce, depending on total headcount. These employers must include documentation of their attestations regarding non-displacement of US workers and good faith recruitment of US applicants. Additionally, if any H-1B workers are classified as exempt from these requirements due to salary or educational qualifications, the PAF must list those exempt employees specifically.

Quick Tip from Experience: Create a PAF checklist that runs parallel to your LCA filing workflow. Every LCA filing should trigger the checklist automatically, not as an afterthought. Assign one person on your HR or legal team to sign off that every item is in the file before the LCA is submitted. That one procedural step eliminates most of the common PAF failures seen in DOL audits. The checklist itself takes less than an hour to build. The audit findings it prevents can take months and significant legal expense to resolve.

H-1B Public Access File: Required Contents at a Glance

Required Document	What It Must Show	Common Mistake
Certified LCA (ETA 9035/9035E)	DOL-certified version with stamp	Including draft or unsigned version
Wage documentation	Actual wage, prevailing wage, methodology used	Stating the wage without explaining how it was determined
Benefits summary	Equivalence of H-1B and US worker benefits	Omitting comparison to US worker benefits
LCA posting records	Notice copy, locations, dates of ten-day posting period	No records retained after posting period ends
Electronic notice confirmation	Delivery confirmation and date sent	Draft email without proof of delivery
Restructuring statements (if applicable)	Successor entity acceptance of H-1B obligations	Not updating PAF after merger or acquisition

Where Must the PAF Be Kept

The PAF must be maintained at the employer’s principal place of business in the United States or at the H-1B worker’s place of employment. For employees working at a single fixed location, keeping the PAF at that location satisfies the requirement.

For employers with workers at multiple locations, each location must have access to the relevant PAF for the H-1B workers based there. Large employers with many worksites often maintain a centralized digital PAF system that makes documents accessible from all locations. This approach is acceptable as long as the PAF can be produced for inspection within one working day at any covered worksite.

In 2026, digitizing PAFs is strongly recommended. USCIS and DOL investigators increasingly accept electronic files during inspections. Digital systems also make it easier to ensure consistency across locations and to update files quickly when circumstances change. Keep secure backups. Losing PAF records in a system failure is not an acceptable excuse during an audit.

How Long Must the PAF Be Retained

The retention requirement extends beyond the period of active employment. Employers must maintain the PAF for one year beyond the later of two dates. The first is the last date on which the H-1B worker was employed under the specific LCA. The second is the date the LCA itself expires. (per DOL as of 2026)

In practical terms, this means the PAF for an employee who left in June 2025 under an LCA that expired in September 2025 must be retained through at least September 2026. During that entire retention period, the file must remain available for public inspection on request.

Do not destroy PAF records early. DOL investigations sometimes involve conduct that occurred years before the audit. Destroyed records create an inference of non-compliance that is extremely difficult to overcome.

Public Access: Who Can See the PAF and What They Can Do

The Public Access File is exactly what its name says. Any person may request inspection of a PAF. The employer must permit inspection during normal business hours. The inspector may view the file, photograph it, scan it, transcribe it, or take notes. The employer is not required to provide a free copy but may charge reasonable copying costs. Copying fees cannot be set at a rate that effectively discourages inspection.

Workers who believe their employer is not paying the LCA wage or is otherwise violating the H-1B program rules may review the PAF to confirm the wage commitments the employer made to the DOL. This is one of the core purposes of the public access requirement. It creates a mechanism for workers to hold employers accountable without needing to file a formal complaint.

DOL compliance investigators may also review PAFs during audits without any prior notice. The same one-working-day response requirement applies. If the PAF is incomplete or missing when an investigator requests it, the employer faces immediate compliance findings regardless of whether the underlying wage and working condition obligations were actually met.

Common PAF Compliance Failures in 2026

Based on DOL audit findings and USCIS site visit reports in 2026, these are the most common PAF compliance failures that employers are encountering.

PAF not created until after the employee starts work. The file must exist within one working day of filing the LCA. Many employers create it only when the employee starts. That timing gap is a direct violation.
Missing LCA posting documentation. Employers frequently forget to retain records proving the ten-day posting requirement was satisfied. Without this documentation, the employer cannot prove compliance even if the notice was actually posted.
PAF mixed with the employee’s personnel file. DOL regulations require the PAF to be maintained separately. Mixing them creates confusion during audits and is itself a compliance finding.
Incomplete wage documentation. Simply stating the wage offered is not sufficient. The PAF must explain how the employer determined both the actual wage and the prevailing wage. Generic statements without methodology are inadequate.
PAF not updated after a worksite change. When an employee moves to a new location, the employer files a new LCA covering the new worksite. A new PAF must be created for that new LCA. The old PAF for the previous worksite must be retained separately.
Electronic notice without delivery confirmation. If the employer used electronic notification instead of physical posting, the PAF must include evidence of delivery. An unsent draft email or a sent email without delivery confirmation does not satisfy the requirement.

Penalties for PAF Non-Compliance

The consequences of PAF violations can be serious. The DOL has authority to impose civil money penalties, order back wage payments, and debar non-compliant employers from participating in the H-1B program and other immigration programs. (Source: Department of Labor)

Civil money penalties for LCA violations can reach $1,000 to $5,000 per violation for non-willful violations. Willful violations can result in penalties up to $10,000 per violation. Debarment from the H-1B program for a period of one to three years is also possible for serious or repeated violations.

Additionally, USCIS may revoke approved H-1B petitions if DOL findings reveal that the underlying LCA was not properly supported. A revoked petition ends the worker’s H-1B status and triggers the 60-day grace period. For workers who have been in the H-1B program for years and are deep in the green card process, a petition revocation due to employer PAF non-compliance is a genuinely severe consequence from something the employee had no control over.

Questions People Actually Ask About the H-1B Public Access File

Does every H-1B employer need a Public Access File?

Yes. Every employer who files a Labor Condition Application for an H-1B worker must create and maintain a Public Access File for each LCA filed. There are no exceptions based on company size, industry, or the number of H-1B workers employed.

Can the PAF be maintained electronically?

Yes. Electronic PAFs are acceptable provided they can be produced for inspection within one working day of a request. The electronic system must be organized, accessible, and complete. In 2026, DOL and USCIS investigators routinely accept electronic records during audits and site visits.

Does the PAF need to include payroll records?

No. Payroll records showing individual employee salaries do not need to be included in the PAF. However, the file must include documentation explaining how the actual wage was determined and confirming that it meets or exceeds the prevailing wage. A general description of the wage system and the prevailing wage source is required. Individual salary details for other employees are not required to be publicly disclosed.

What happens if an employee leaves before the LCA expires?

The PAF must be retained for one year after the employee’s last day of employment under the LCA, or until one year after the LCA expires, whichever is later. Early departure does not shorten the retention requirement based on the LCA expiration date. Maintain the file for the longer of the two periods.

Can a member of the public really walk in and request to see our PAF?

Yes. Any member of the public may request inspection of an H-1B Public Access File. You must permit inspection during normal business hours. The person may photograph, scan, or transcribe the contents. You may charge reasonable copying fees if they want physical copies but you cannot deny inspection or charge fees that effectively prevent it.

Important Disclaimer

Important Disclaimer: The information on this page is for general educational purposes only and does not constitute legal advice. Immigration law and DOL regulations change frequently. Always verify current requirements at DOL.gov and USCIS.gov and consult a licensed immigration attorney before making any compliance decisions.

Build the System Once and Let It Run

The Public Access File is one of the least glamorous parts of H-1B compliance. It is also one of the most consistently cited sources of violations during DOL audits and USCIS site visits. The requirements are specific. The timing is strict. The retention period extends beyond active employment. And the consequences of non-compliance fall on both the employer and, indirectly, the H-1B worker whose petition depends on a properly supported LCA.

Create the PAF when the LCA is filed. Keep it separate from the personnel file. Document the posting requirement completely. Retain it for the full required period. Assign a specific HR team member to own PAF compliance at each worksite. These steps require very little time when done correctly from the start. They require enormous time and create significant legal exposure when done wrong or not at all.

The employers who sail through DOL audits are not the ones with the most sophisticated immigration programs. They are the ones who built simple, consistent processes and followed them every single time. That is genuinely achievable for any employer, regardless of size.

This post was written based on firsthand experience navigating the H-1B process and years of tracking DOL and USCIS compliance requirements. It is reviewed for accuracy before publishing. For legal decisions, always consult a licensed immigration attorney.