H-1B DOL Inspection Files—Are Yours Ready?

This e-alert is the second of a three-part series on best practices and records retention for employers who employ H-1B workers.

We previously detailed the requirements pertaining to public access files for H-1B workers. In addition to creating and maintaining public access files, it is recommended that employers also have Department of Labor (DOL) inspection files for each H-1B worker. The documents and information in the inspection files must be available to the DOL in the event the DOL ever conducts an investigation of the employerʼs H-1B workers. The inspection file should be its own file separate from the public access file and employeeʼs personnel files. The inspection file should contain the following: