Public Access

A. Type of Documentation Employer must make available for Public Examination:

  1. Copy or Original of completed labor condition application with cover pages ETA 9035CP (LCA instructions).
  2. Documentation of salary and wage rate to be paid to H-1B employee.
  3. Actual wage worksheet or other documentation explaining system used to set actual wage. This includes periodic increases which the wage system provides.
  4. Copy of prevailing wage determination.
  5. Copy of notice of filing LCA, indicating where posted, and union notification if applicable.
  6. Summary of benefits offered to US workers in the same occupational classification, with explanation for differentiations if benefits are not the same.
  7. 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
  8. Additional 20 CFR 655.760 statements for H1B dependent employers.

B. Where records must be kept:

  1. Employer’s principal place of business in U.S.
  2. 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.