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. Learn more about where to access the PAF and what information is required to be provided by the employer and legal team.
Completing the Public Access File
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 the screen.
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.
💡Contact your Account Management team for support in completing a public access file.
Certified LCA (Attorney) - This is a placeholder while the legal team waits for the Department of Labor to certify the ETA-9035 form. This typically take 7-10 calendar days. Once the form is certified, we will receive an email from the Department of Labor and will mark this document as complete. At that time, we will finalize and submit your case. You do not need to provide us with anything for this document.
Benefits Summary (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.
Notice of Filing an LCA (Attorney and Employer) - This notice of filing an LCA is provided by the legal team at CIP. 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.
Actual Wage Statement (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.
Prevailing Wage Source (CIP Attorney) - Documentation confirming the Prevailing Wage Source will be added to the PAF by CIP.
When preparing the Labor Condition Application (“LCA”), the legal team at CIP will determine the prevailing wage for the visa-sponsored worker’s position.
Other Documents (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 – FN (Employee) - Employers do not need to provide anything for this placeholder, this placeholder is merely for the employer’s visibility. 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.
Related to: