Every H-1B, H-1B1, or E-3 petition rests on a Labor Condition Application filed with the Department of Labor. What most consultants never see is the paperwork that has to sit in a folder somewhere at their employer, ready for anyone to inspect. That folder is called the public access file, or PAF.
If you have ever transferred your H-1B between employers, gone through a same-employer amendment for a new worksite, or wondered whether your staffing firm actually filed things correctly, the PAF is your paper trail. It is also one of the few pieces of H-1B compliance documentation you are legally entitled to see without asking permission.
This is general information, not legal advice. Regulatory text and DOL guidance change; confirm your specific situation with a licensed immigration attorney before relying on anything here.
What the Public Access File Is, Under 20 CFR 655.760
The governing regulation is 20 CFR 655.760, part of the Department of Labor's rules on labor condition applications for H-1B, H-1B1, and E-3 workers. It requires employers to assemble specific documentation and make it available for public examination within one working day after the LCA is filed with the DOL.
The PAF is not the same as your personnel file, your I-9, or your immigration petition. It is a compliance record tied to the LCA itself, and it exists so that any member of the public, not just the sponsored worker, can verify the employer is meeting its wage and notice obligations.
What Must Be Inside the PAF
Under 655.760(a), the file must contain the following:
- A copy of the certified Labor Condition Application (ETA Form 9035/9035E)
- Documentation of the actual wage being paid to the H-1B worker in the specific job
- An explanation of the system the employer uses to set that actual wage (a wage memo or written pay scale, not just a number)
- Documentation of how the prevailing wage was determined for the occupation and area of employment (a DOL wage determination, published survey, or other legitimate source)
- A copy of the notice given to a bargaining representative, or, if there is none, proof the LCA was posted at the worksite(s)
- A summary of any benefits offered to similarly employed US workers, where those benefits differ from what the H-1B worker receives
If the employer is H-1B dependent or has been found to be a willful violator, additional recruitment and displacement documentation may also be required. This applies to staffing firms with a high proportion of H-1B workers relative to total US employees, so it is worth asking about if you are placed through a larger consulting shop.
The 10-Day Posting Rule and Your Copy of the LCA
Two related but distinct obligations trip people up.
First, before or when the LCA is filed, the employer must post notice of the filing at the intended worksite for 10 consecutive business days, occurring sometime between 30 days before filing and the date of filing. This is the "10-day rule" most people mean when they talk about LCA notice. It has to be visible, dated, and posted where affected workers would reasonably see it, or delivered electronically in an equally accessible way.
Second, separately from posting, the employer must provide the H-1B worker their own copy of the certified LCA. The regulatory text (20 CFR 655.734) ties this to the start of employment on that LCA rather than a fixed day count, so if your recruiter or employer cites a specific number of days for this step, ask them to point you to the language they are relying on, or verify it with your attorney. Do not assume the posting window and the personal-copy requirement are the same rule.
Who Can Request the PAF, and How to Actually Check
This is the part most consultants do not realize: you do not need a special reason to ask for the PAF, and neither does anyone else. The regulation says it must be available for public examination, full stop.
| Who can request it | What they can expect |
|---|---|
| The sponsored H-1B/E-3 worker | Full access to the PAF for their own LCA, plus their personal copy of the certified LCA itself |
| A coworker or prospective employee | Access to inspect the file, since it is a public record by regulation |
| A journalist, researcher, or advocacy group | Same right of inspection, no employment relationship required |
| DOL Wage and Hour Division, on complaint or audit | Full production of the PAF plus underlying payroll and wage records |
To check compliance yourself:
- Ask your employer's HR or immigration compliance contact where the PAF is kept. It should be at the employer's principal place of business or at the actual worksite.
- Confirm it was available within one working day of the LCA filing date shown on your certified Form 9035.
- Compare the wage listed against your actual pay stub. It should match the LCA's stated wage or exceed it.
- Check that the prevailing wage source is documented, not just asserted.
- Confirm a posting or bargaining-representative notice exists for your worksite, dated correctly around the 10-business-day window.
Payroll records themselves, actual pay history, hours, and deductions, are kept separately from the PAF for enforcement purposes and are not something a random member of the public gets to see. Those come out only through a DOL investigation or subpoena. Retention periods for both the PAF and underlying wage records run for a set number of years after the LCA period ends; confirm the current figure with your attorney or the DOL's own guidance rather than relying on a remembered number.
If Something Is Missing or Wrong
A missing PAF, a stale wage memo, or a posting date that does not line up with your filing date is not automatically fraud, but it is a compliance gap worth flagging. Start by asking your employer's HR or legal team directly. If you get stonewalled, you can file a complaint with the DOL Wage and Hour Division, which has authority to investigate LCA violations and can order back wages if the required wage was not paid.
For consultants going through an H-1B transfer, this is also a good moment to request the new employer's PAF before your transfer petition is filed, so you can see the wage level and prevailing wage source they are using for your new role.
Josh Pros LLC works with consultants across H-1B, PERM, and green card timelines every day, and we are happy to help you understand what your documentation should look like. Reach out at contact@joshpros.com or visit https://joshpros.com if you want a second set of eyes on your paperwork.
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This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.
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