H-1B Employers' Obligations: What Is A Public Access File?

The H-1B cap-subject petitions selected through the Fiscal Year 2027 H-1B selection process conducted in March 2026 may be filed with the U.S. Citizenship and Immigration Services (USCIS) until June 30, 2026. Prior to filing an H-1B petition, the employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL). As a part of the LCA process, the employer must create and maintain a Public Access File (“PAF”). What is a PAF?

A PAF is a set of documents that DOL regulations require H-1B employers to create and maintain for each H-1B worker within one working day after filing an LCA. Certain documentation tied to the LCA must be placed in a PAF, including the certified LCA, the wage rate paid to the H-1B worker, an explanation of the actual wage determination, evidence of workplace posting notices, and a summary of benefits offered to employees. Once created, a PAF must be maintained at least one year from the expiration or withdrawal of the LCA, either at the