The H-1B Employer shall make filed Labor Condition Application (LCA) and
necessary supporting documentation available for public examination at
the employers principal place of business in the U.S. or at the place
of employment within one working day after the date on which the labor
condition application is filed with Department of Labor (DOL). It is advisable
to maintain a Public Access file separate from the H-1B worker’s
personal file. It is good practice to maintain a separate public access
inspection file for each H-1B worker.
The following documentation shall be necessary:
Retention of Records.
Either at the employer’s principal place of business in the U.S.
or at the place of employment, the employer shall retain copies of the
records required by this subpart for a period of one year beyond the last
date on which any H-1B nonimmigrant is employed under the labor condition
application or, if no nonimmigrants were employed under the Labor Condition
Application, one year from the date the Labor Condition Application expired
or was withdrawn. Required payroll records for the H-1B employees and
other employees in the occupational classification shall be retained at
the employer’s principal place of business in the U.S. or at the
place of employment for a period of three years from the date(s) of the
creation of the record(s), except that if an enforcement action is commenced,
all payroll records shall be retained until the enforcement proceeding