EMPLOYERS MUST TAKE CARE NOT TO INCLUDE THE FOLLOWING DOCUMENTS IN THE PUBLIC INSPECTION FILE, EVEN THOUGH THEY MUST BE MADE AVAILABLE TO DOL INVESTIGATORS UPON REQUEST.
1. Records showing the wage for all other employees for the specific employment in questions at the place of employment. This documentation must be maintained for all such employees beginning with the date the LCA was filed and continuing throughout the employment period. Basically, this documentation is the payroll records for the employees in the same job at the place of employment and must include several items of information.
2. Data used to establish the actual wage rate for the H-1B nonimmigrants. This information is the underlying data used to prepare the actual wage memorandum in the public inspection file. The data must show how the wages set for the H-1B nonimmigrants relate to the wages paid to all other employees with similar experience and qualifications for the specific employment in question at the place of employment. Certain procedures must be followed when adjustments are made in the pay system during the validity period of the LCA.
3. Documentation supporting the employer’s prevailing wage determination. In the public inspection file, the employer must include documentation giving a general description of the source and methodology used in reaching its prevailing wage determination. In cases involving other prevailing wage surveys, however, the employer is not required to include the entire survey or the raw data from the survey in the public inspection file. This documentation must be maintained, however, for DOL examination upon request.
4. Evidence of notification to the H-1B nonimmigrant. The new regulations impose a requirement on employers to provide an H-1B nonimmigrant admitted pursuant to an LCA with a copy of the certified LCA no later than the date he or she reports to work. Evidence that this requirement has been fulfilled must also be placed in the public inspection file.