What paperwork must an employer keep if it employs H-1B workers?
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 Garg & Associates at 949-540-6704 or call our toll-free number at 949-540-6704. You can also submit an inquiry through our Long Beach Immigration Online Inquiry.
