What records must an H-1B employer make available to the public?
This fact sheet provides general information concerning an H-1B employers public access records that must be maintained and made available under the H-1B program. Special attestations applicable to H-1B-dependent and willful violator employers sunset on October 1, 2003, but were restored effective March 8, 2005 by the H-1B Visa Reform Act of 2004. H-1B employers must make the following materials available to the public within one working day of filing the Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with the Department of Labor: • The LCA; • Rate of pay for the H-1B worker; • Description or summary of the actual wage system; • Prevailing wage rate and its source; • Documentation that the notice requirement was satisfied; • Summary of benefits offered to U.S. workers and H-1B workers; • List of entities included as a single employer; and • In the event of corporate change: • a. Sworn or notarized statement by successor entity accepting all liabilities of predecesso
