There are many H-1B compliance rules that require employers to preserve documents.  For example, the Department of Labor regulations require employers to maintain a “Public Access Folder” for each H-1B worker.  An employer is required to make this folder available to any interested party, upon request, within one working day.  The Public Access Folder generally should contain the following:

• A copy of the certified labor condition application;
• Statement identifying the two required labor condition application posting locations and dates of posting or confirming notification to the applicable union; 
• Actual wage memorandum which clearly explains the system used to set the actual wage to be paid to the H-1B worker;
• Copies of the documentation used to establish the prevailing wage for the H-1B position;
• A summary of the benefits offered to U.S. workers in the same occupational classification as the H-1B worker and an explanation of any differentiation in offered benefits; and
• A statement confirming that the H-1B worker received a copy of the approved LCA.

Maintaining H-1B documentation is not easy; therefore, employers need professional advice on the subject.  Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.