The employer is required to make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL. The following documentation shall be necessary:

(1) A copy of the certified labor condition application (Form ETA 9035E or Form ETA 9035) and cover pages.

(2) Documentation which provides the wage rate to be paid the H-1B nonimmigrant;

(3) A full, clear explanation of the system that the employer used to set the "actual wage" the employer has paid or will pay workers in the occupation for which the H-1B nonimmigrant is sought, including any periodic increases which the system may provide--e.g., memorandum summarizing the system or a copy of the employer's pay system or scale (payroll records are not required, although they shall be made available to the Department in an enforcement action).

(4) A copy of the documentation the employer used to establish the "prevailing wage" for the occupation for which the H-1B nonimmigrant is sought (a general description of the source and methodology is all that is required to be made available for public examination; the underlying individual wage data relied upon to determine the prevailing wage is not a public record, although it shall be made available to the Department in an enforcement action); and

(5) A copy of the job notice with which the employer has satisfied the union/employee notification requirements.

(6) A summary of the benefits offered to U.S. workers in the same occupational classifications as H-1B nonimmigrants, a statement as to how any differentiation in benefits is made where not all employees are offered or receive the same benefits (such summary need not include proprietary information such as the costs of the benefits to the employer, or the details of stock options or incentive distributions), and/or, where applicable, a statement that some/all H-1B nonimmigrants are receiving "home country" benefits (see 20 CFR§ 655.731(c)(3) for the details);

(7) If the employer undergoes a change in corporate structure, the following documents are needed:

a. 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;
b. A list of each affected LCA and its date of certification;
c. A description of the actual wage system and FEIN of the new employing entity (see 20 CFR § 655.730(e)(1) for the details).

(8) Where the employer utilizes the definition of "single employer", a list of any entities included as part of the single employer in making the determination as to its H-1B-dependency status (see 20 CFR § 655.736(d)(7) for the details);

(9) Where the employer is H-1B-dependent and/or a willful violator, and indicates on the LCA(s) that only "exempt" H-1B nonimmigrants will be employed, a list of such "exempt" H-1B nonimmigrants (see 20 CFR § 655.737(e)(1) for the details;

(10) Where the employer is H-1B-dependent or a willful violator, a summary of the recruitment methods used and the time frames of recruitment of U.S. workers (or copies of pertinent documents showing this information) (see 20 § 655.739(i)(4) for the details.

Above list is not an inclusive list.  It is strongly suggested that an H-1B employer seek professional legal assistance to get all paperwork complied with the regulation requirements to eliminate or reduce the corporate liabilities.  For assistance from this office, please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .