This documentation must be made available to Department of Labor officials upon request. Similar but different documentation must be made available for inquiries made by the public.
A. Type of documents and records employer must develop and maintain in support of the statements on the labor condition:
1. Payroll records for H-1B nonimmigrant and all employees with similar experience and qualifications for the job.
Records must include: (i) full name; (ii) home address; (iii) occupation; (iv) salary or rate of pay; (v) number of hours worked each day and week if paid hourly or is part-time (whether paid a salary or an hourly rate); (vi) total additions or deductions from pay each pay period; (vii) total wages paid each pay period, (viii) date of pay and pay period.
2. Documentation of offer and benefits & eligibility for benefits provided as compensation equivalent to those offered to U.S. workers (i.e. summary benefits plan, evidence of benefits selected or declined).
3. Actual wage worksheet; Where adjustments are made in the employer’s pay system or scale during the validity period of the LCA, explanation of changes showing that, after such adjustments, the wages paid to the H-1B nonimmigrant are at least the greater of the adjusted actual wage or the prevailing wage for the occupation and area of intended employment.
4. Copy of prevailing wage determination from a survey pursuant to the provisions of the Davis-Bacon Act or McNamara-O’Hara Service Contract Act, union contract, state employment agency, or a published independent authoritative source / legitimate wage information source (meeting DOL regulations);
We suggest Employer keep the following documents:
- Evidence showing that a copy of the LCA was given to the H-1B nonimmigrant before reporting to work.
- Company brochure and literature regarding working conditions at worksite (hours, shifts, vacation periods and fringe benefits packages) and any relevant information concerning working conditions for the industry/occupation.
- While an employer need not maintain documents regarding working conditions and the absence of labor disputes/strikes, an employer has burden of proving there was no strike/labor dispute and that the employment of H-1 nonimmigrant did not adversely affect working conditions of workers similarly employed in the area of intended employment.
B. Retention of records
1. Generally, Employer must retain compliance documentation for a period of one year beyond end of the period of employment specified on the labor condition application unless a complaint is filed.
2. Required payroll records shall be retained for a period of three years from date of creation of the records (at least three years beyond end of the period of employment).