How long must the employer keep the Public Access File?

It is very important to understand that when hiring workers under the H-1B visa, employers must follow the rules established by the United States Department of Labor, ensuring transparency and compliance with legal requirements. One of these obligations is the maintenance of the Public Access File, which contains supporting documentation and Labor Condition Application (LCA) postings.

According to current regulations, the Public Access File must be kept by the employer for at least one year after the termination of the H-1B worker’s employment period. This requirement aims to allow, in the event of an audit or verification, that the employer has the documentation available to demonstrate compliance with all requirements related to wages and working conditions stipulated in the LCA.

Keeping the documentation organized and accessible is not only a legal obligation but also a recommended practice to avoid future complications. Failure to comply with these deadlines can result in fines or even problems for the company when applying for other visas or immigration benefits.

Therefore, it is always advisable that employers, as well as workers, seek updated information and assistance from specialized professionals-always with caution to avoid possible scams or services promising miracles. Remember that following the United States immigration laws is essential to ensure the safety and integrity of the processes.

Maintaining the Public Access File for the stipulated period is just one of the necessary measures to demonstrate compliance and protect both your interests and those of the worker.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.