Complying with public access file requirements is a crucial step for employers sponsoring foreign workers under the H-1B visa program. The public access file is designed to promote transparency and accountability, and employers are required to maintain this file throughout the duration of workers’ employment in the U.S., and even beyond.
“Some may not know the H-1B visa classification requires employers to create and maintain a public access file for each H-1B employee,” said Michael Durham, a partner in the South Bend, Ind., and Chicago offices of Barnes & Thornburg.
Requirements related to the public access file and the labor condition application (LCA) within it fall under the purview of the U.S. Department of Labor (DOL), noted Yova Borovska, an attorney in the Tampa, Fla., office of Buchanan Ingersoll & Rooney.
“It’s a critical area of compliance,” she said. “The DOL can conduct an audit of the employer’s public access file to ensure that the employer is being transparent and meeting basic requirements.”
Borovska added that common missteps include not maintaining the public access file at all, not including the LCA, missing other required documents, and not creating the file quickly enough.
“There may be more public access file audits under the new administration, so now is a good time to make sure you are compliant,” she said.
Failure to comply with the public access file requirements may result in penalties, fines, or other adverse actions, such as...
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