A Public Access File (PAF) is a mandatory document file that U.S. employers must maintain when sponsoring H-1B, H-1B1, or E-3 nonimmigrant workers. It contains documentation required by the U.S. Department of Labor (DOL) to demonstrate compliance with Labor Condition Application (LCA) requirements.

PAFs help ensure transparency and wage fairness in the employment of foreign workers. The DOL requires them to be available for public inspection upon request.

Any employer who files an LCA for H-1B, H-1B1, or E-3 employment must create and retain a PAF within one working day of filing the LCA.

• Each Public Access File must include the following (at a minimum):

  • A copy of the certified Labor Condition Application (LCA)
  • Documentation of the actual wage and prevailing wage
  • Explanation of the wage system or pay scale
  • Evidence that the LCA notice was posted (or provided to the union, if applicable)
  • Summary of benefits offered to H-1B workers and U.S. workers
  • A statement regarding the employer’s experience with H-1B-dependent status, if applicable

No. The DOL requires information specific to the LCA, but not the name or personal details of the foreign worker.

No. Those documents belong in the private employee file, not in the Public Access File.

A PAF must be created within one business day of submitting the Labor Condition Application (LCA) to the Department of Labor.

PAFs must be kept for one year after the end of the LCA’s validity period or one year from the employee’s termination, whichever is later.

Yes, a separate PAF must be created for each LCA filed. If multiple employees are listed on the same LCA, they may share a PAF.

Anyone from the public can request access to a PAF. Employers must provide it within one working day of a request. However, most requests are initiated by DOL investigators, not the general public.

Yes. As long as they are readily accessible, properly labeled, and retrievable upon request, PAFs may be maintained digitally using platforms like PAF-I9.

Failure to maintain or produce a PAF can result in DOL fines, debarment from the H-1B program, and reputational damage.

• Missing or incomplete prevailing wage documentation
• Failure to document notice posting
• Inconsistencies between LCA and wage explanations
• Storing immigration documents in the PAF (violates privacy rules)
• Not updating PAFs for amended LCAs or changes in employment terms

Only if there is a material change to the LCA terms (e.g., new worksite, new wage rate). In that case, an amended LCA must be filed, and a new PAF created.

Yes. The DOL may conduct a random or triggered investigation into your H-1B compliance. This includes a review of Public Access Files, wage practices, and documentation.

• Fines up to $1,000–$35,000 per violation
• Debarment from hiring H-1B workers for up to 3 years
• Repayment of back wages
• Public notice of violations and reputational risk

• Maintain organized records
• Track missing or incomplete forms
• Ensure documents are up-to-date
• Generate audit logs and reports

At least annually, or more frequently for large or fast-growing employers. Internal audits help identify and correct errors proactively.