What is a Public Access File?
A “public access file” must be maintained for each employee in H-1B status for whom an LCA is certified. Any interested person may inspect the public access file upon request. Employers should set up the public access file for the candidate. Ideally, the file should be kept separate from other files, such as personnel files. The requirement is based on 20 CFR 655.760, which provides that the must a filed labor condition application (LCA) and necessary supporting documentation available for public examination at the employer’s principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL. There is a list of specific forms of documentation that must be available in the public access file.