General Requirements to Prepare the Public Access File For H-1B Employers

Pasricha & Patel
May 25, 2026

When sponsoring an employee under H-1B nonimmigrant status, the approval of their H-1B I-29 petition is only the beginning of the journey. There are additional steps that employers must take to fulfill their compliance obligations. The Department of Homeland Security (DHS) and the Department of Labor (DOL) each have the authority to conduct unannounced audits and site visits. Failure to meet the regulatory standards can have negative consequences. In order to ensure post-filing compliance, it is important that employers prepare a Public Access File (PAF) for each of their H-1B workers.

What Is a Public Access File and What Are Its Core Components?

A Public Access File is a mandatory record created by U.S. employers for every H-1B worker, documenting compliance with DOL regulations. It is required by law for every H-1B employer to maintain a PAF for each worker. A compliant PAF must provide a transparent look at the H-1B worker’s employment terms. A standard file must generally contain the following:

A copy of the certified Labor Condition Application (LCA)
Wage documentation:
- The wage rate: A statement of the exact salary being paid to the H-1B worker
- Explanation of the wage system: A summary of the system your company used to set the “actual wage” for all workers in that specific occupation. This is to demonstrate that the H-1B worker is being paid fairly in relation to their U.S. counterparts.
Prevailing wage rate and its source
Proof that notice of the filing was provided to the H-1B worker
Summary of benefits
Other relevant corporate documents

Additional records for H-1B dependent and willful violators who need to disclose for statutory reasons:

List of exempt H-1B workers (who either have a U.S. master’s degree or higher, or who earn more than $60,000.00 per year)
Summary of recruitment methods, if the employer employs any “non-exempt” H-1B workers

While this file must be made available to any member of the public, the PAF should not include any private information. This includes confidential employee information or sensitive corporate information that can lead to unnecessary privacy risks. Additionally, the PAF must be kept at either your principal place of business in the United States or at the actual worksite where the employee is located.

While the list above is a general overview of the documentation required to keep a compliant PAF, it does not account for individual industries’ specific requirements. Understanding the necessities for your industry is vital to ensure full compliance. We recommend that readers contact the immigration department at Pasricha & Patel, LLC to schedule a consultation and discuss this matter in more detail.