A public access file is a collection of documents that must be maintained by all H-1B employers. The file is required by the United States Department of Labor (DOL) and must be made available for public inspection upon request. The purpose of the public access file is to ensure transparency and accountability in the H-1B visa program.

The public access file should contain the following documents:

  1. A copy of the Labor Condition Application (LCA) form that was submitted to the DOL. The LCA includes information about the employer, the job position, and the wages being offered.
  2. Documentation showing that the LCA was properly posted in two conspicuous locations at the employer's worksite. This is required to inform U.S. workers of the job opportunity and to give them a chance to file a complaint if they believe they were unfairly passed over for the job.
  3. Evidence of the wage rate being paid to the H-1B employee. The wage rate must meet or exceed the prevailing wage for the job position in the geographic area where the employee will be working.
  4. A summary of the benefits being offered to the H-1B employee. The benefits must be the same as those offered to similarly employed U.S. workers.
  5. Documentation of any changes to the terms and conditions of the H-1B employee's employment.

It is important for H-1B employers to maintain an up-to-date and complete public access file. Failure to do so can result in fines, penalties, and even the loss of the employer's ability to participate in the H-1B visa program.