The LCA Public Access File: What's in It and Why It Matters

The LCA Public Access File is one of the most under-utilized tools available to H-1B workers. It's a folder of documents your employer is legally required to maintain, and to make available to anyone who requests it within one business day. Yet most workers don't know it exists, and many employers operate in noncompliance because no one ever asks.

This guide covers what's in the file, the public posting requirements, what to do if your employer refuses to produce it, and how the file helps you verify your wage, role, and worksite are properly disclosed under federal law.

What the LCA requires

Under 20 CFR § 655.760, an H-1B employer must maintain a Public Access File for every approved LCA, available for inspection by any member of the public within one business day of a written request.

Required contents

1. A copy of the certified LCA (ETA-9035).
2. Documentation of the wage rate. Actual wage paid to the H-1B worker, plus how the prevailing wage was determined (OES data, employer survey, etc.).
3. Documentation of the prevailing wage source.
4. A copy of the LCA notice posted at the worksite (or evidence of how it was communicated to existing employees if posting wasn't feasible).
5. A summary of the H-1B benefits provided if different from US workers.
6. Records of any layoffs of US workers in similar positions in the 6 months before and after filing.
7. If using "H-1B dependent employer" provisions: additional attestations about recruitment of US workers.

The two-location posting rule

Before filing the LCA, the employer must post a notice of the filing at the worksite for 10 business days in two conspicuous locations. The notice must include:

• The number of H-1B workers sought.
• Job title, occupation, and SOC code.
• Wage rate.
• Worksite location.
• How to file a complaint with the DOL.

For roles with no fixed worksite (consultants, remote workers), the employer can post electronically via internal email, intranet, or other means demonstrably reaching all affected employees.

What's not in the file

Confidential information is excluded:

• Personnel records.
• Tax returns.
• Salary records of US workers (only summarized comparisons).
• The H-1B worker's I-129 petition itself.

How to request it

Send a written request to your employer's HR or designated immigration contact. There's no required form. An email works. The employer must produce it within one business day. You can review on-site or request copies.

What if your employer refuses?

Refusal is a DOL violation. You can:

• File a complaint with the DOL Wage and Hour Division (file online at dol.gov/agencies/whd).
• Contact a labor and employment attorney.
• If retaliated against (terminated, demoted, etc.), you have whistleblower protections under 20 CFR § 655.801.

How the PAF helps you

Wage verification

Compare the wage listed in the LCA to your actual paycheck. The LCA wage is the legal minimum your employer must pay. Underpayment is recoverable through DOL Wage and Hour complaint plus back pay.

Worksite verification

The LCA specifies the worksite location. If you've been moved to a different worksite without an amended LCA, that's a violation. Even if the new location pays the same prevailing wage.

Role verification

The LCA states your SOC code and job title. If you're actually performing duties that don't match (e.g., the LCA says "Software Developer" but you're doing "Manual QA"), it could indicate fraud.

Common employer violations

• Not posting the LCA notice for the full 10 business days.
• Paying less than the LCA wage.
• Failing to bench-pay (must continue salary even during gaps in productive work).
• Moving workers between worksites without LCA amendments.
• Failing to provide the PAF on request.

The whistleblower protection

If you report a violation and your employer retaliates, you have specific protections under 20 CFR § 655.801. The DOL can order back pay, reinstatement, and damages. Critically, you retain H-1B status during the complaint: your employer cannot use termination to remove you from the country quickly.

What to do today

• Email your HR or immigration contact and ask for your LCA Public Access File.
• Verify the worksite, wage, and SOC code match your reality.
• Save a copy in your personal records.
• If anything looks wrong, consult an immigration attorney before raising it internally.

When the PAF saved a worker

Take Rajesh, who suspected his consultancy employer was underpaying him. His LCA stated a $96,000 prevailing wage for a Houston-based developer role. His pay stubs showed $74,000, and he was sometimes "benched" without pay during gaps between client engagements.

"I emailed HR asking for my LCA Public Access File. They stalled for two weeks. I filed a Wage and Hour Division complaint citing 20 CFR § 655.760. Within thirty days DOL had pulled my employer's records. I received eleven months of back pay totaling $42,000. The employer was put on a DOL settlement agreement and is no longer allowed to file new H-1Bs through 2027."

Takeaway: The Public Access File is your evidence base if anything goes wrong. Request it within your first thirty days at any H-1B employer. Save a copy somewhere outside the employer's systems.

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