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Public Access File

An H-1B employer must make the following materials available to the public at its principal place of business in the U.S. or at the place of employment within one working day of filing a labor condition application (LCA) (Form ETA 9035/9035E) with the DOL:

  1. The LCA
  2. Wage rate to be paid to H-1B worker
  3. Full and clear explanation of the employer's actual wage system
  4. Prevailing wage rate and its source
  5. Documentation that the notice requirement was satisfied
  6. Summary of fringe benefits to U.S. workers and H-1B workers
  7. In the event of a corporate change: a sworn statement by a responsible official of the new employing entity that it accepts all obligations, liabilities and undertakings under the LCAs filed by the predecessor employing entity, together with a list of each affected LCA and its date of certification, and a description of the actual wage system and Employer Identification Number (EIN) of the new employing entity.
  8. List of entities included as a "single employer" under the Internal Revenue Code.
  9. List of exempt H-1B workers.
  10. Summary of recruitment methods of U.S. workers and time frames if employer sought or hired "non-exempt" H-1B workers.

 

 

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