A. Type of Documentation Employer must make available for Public Examination:
- Copy or Original of completed labor condition application with cover pages ETA 9035CP (LCA instructions).
- Documentation of salary and wage rate to be paid to H-1B employee.
- Actual wage worksheet or other documentation explaining system used to set actual wage. This includes periodic increases which the wage system provides.
- Copy of prevailing wage determination.
- Copy of notice of filing LCA, indicating where posted, and union notification if applicable.
- Summary of benefits offered to US workers in the same occupational classification, with explanation for differentiations if benefits are not the same.
- If there is a change in corporate structure, the new employing entity must maintain a document containing all of the following:
- Each affected LCA number and its date of certification
- A description of the new employing entity’s actual wage system applicable to the H-1B nonimmigrant)s) who become employees of the new employing entity
- The new employing entity’s Federal Employer Identification Number (FEIN) regardless if it is different from that of the predecessor entity
- A sworn statement that it accepts all obligations, liabilities and undertakings according to the LCA and abides by the DOL’s H-1B regulations applicable to the LCAs
- Additional 20 CFR 655.760 statements for H1B dependent employers.
B. Where records must be kept:
- Employer’s principal place of business in U.S.
- Worksite or physical location where the work is to be performed.
C. When documentation must be made available:
Within one working day after date on which Labor Condition Application is filed with Department of Labor.
D. Period for which documentation must be retained:
1. Generally one year beyond the end of the period of employment specified on the labor condition application unless a complaint has been filed.
2. One year from date of termination of employment, or if no employment one year from date of withdrawal of LCA.