Completing the U.S. public access file (PAF) Completing the U.S. public access file (PAF)

Completing the U.S. public access file (PAF)

This article is intended for sponsoring employers using the Envoy Global platform to manage employee immigration casework. For H-1B, H-1B1 or E-3 visa petitions, the legal team at CIP must file a document called the Labor Condition Application (LCA) with the Department of Labor (DOL) attesting to the customer’s need for the visa-sponsored worker. As part of this process, employers must maintain a hard file or electronic public access file (PAF). 

The PAF must be made available for public inspection upon demand as of the date the LCA is filed with the DOL. Any employer who fails to maintain the PAF can be liable for penalties, which can include fines and debarment from filing additional H-1B petitions for up to three years.

Sponsoring employers must retain the PAF (either electronically or physically) for the earlier of (a) one year beyond the the end of the period of employment specified on the LCA, or (b) one year from the date you withdraw the LCA.

Envoy Global makes it easier for employers to manage the PAF directly in our platform. 

Account Permissions: Company users (Company Administrators and Division Administrators)

Public Access File Manager

When the PAF is ready, you will see an action item to Complete Public Access File. To access the PAF, company users may select the Complete Public Access File link. Company users can also access the PAF anytime by selecting the Public Access File tab on the top right corner of any active employee case. 

The PAF contains placeholders with specific instructions associated with each requested item to ensure the customer’s compliance with the applicable DOL regulations.

Use the detailed descriptions below to understand what should be provided for each placeholder. 

Certified LCA (Provided by CIP Legal Team)
The ETA-9035 Form, also known as the LCA, will be uploaded here once certified which typically takes 7-10 calendar days. Once the form is certified, CIP will receive an email from the Department of Labor and will mark this document as complete. At that time, CIP will finalize and submit the case.
Prevailing Wage Source (Provided by CIP Legal Team) When preparing the LCA, the legal team at CIP will determine the prevailing wage for the visa-sponsored worker’s position.
Notice of Filing an LCA (Provided by CIP Legal Team and Employer) The employer must post this information for a minimum of 10 calendar days in two places at each location of employment for visa-sponsored workers. CIP will provide the notice of filing for posting once they have drafted the LCA.
Benefits Summary (Provided by the Employer) Upload a document or brochure summarizing the benefits offered to U.S. workers and visa-sponsored workers. This can be a benefits handbook or other summary that covers all employees.
Actual Wage Statement (Provided by the Employer) The employer should complete this form. After the information is saved, a completed Actual Wage Statement is automatically created. This statement specifies the basis used to establish the sponsored employee's wage.
Other Documents (Provided by the Employer) The employer may store additional documents related to the PAF. Documents can include those that aren't required in the PAF but are kept by the company for reference.
Notice of Filing an LCA (Provided by the Employee) If the visa-sponsored worker works from their home office, CIP may provide a Notice of Filing an LCA for the employee once they have drafted the LCA. The employee must post the notice for a minimum of 10 calendar days in two places within their home office. Once the posting is complete, the employee must upload the Signed Notice of Filing an LCA within this placeholder.

Need additional support? 

For corporate users, contact your Account Management team. For sponsored employees, start a live chat with the Envoy Global Customer Experience team from your Envoy Global account. 

Related to:

H-1B LCA Public Access File Employer

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