How long must an employer keep the Public Access File?

The Public Access File is the set of documents that demonstrates compliance with the Labor Condition Application (LCA) in the H-1B process. It brings together records on wages and working conditions that the employer committed to uphold, and it must remain available for inspection throughout the employment relationship.

Regarding retention, the rule requires the employer to keep the file for a set period after the employment ends, precisely to allow for a potential audit or review. That timeframe is established by regulation and may be updated, so working from memory is not advisable: the correct duration should be confirmed with the official source.

The purpose of this obligation is to bring transparency to the process and allow the competent authority to confirm, at a later date, that the wage and working-condition commitments were honored. Keeping documentation organized and accessible prevents complications during inspections and future petitions.

To find out exactly how long the file must be kept in your specific situation, consult the Department of Labor guidelines or seek qualified professional support, and avoid relying on unofficial sources.

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Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.