Workplace notices and public access files
When foreign nationals come to the U.S. for employment, there is a concern about possible displacement of American workers. This is equally true for temporary employment or for permanent employment leading to a Green Card. To that end, the immigration regulations demand a high level of transparency regarding the hiring of H-1B workers.
No more than 30 days before a Labor Condition Application (LCA) is filed on behalf of an H-1B worker, the petitioning employer must post a notice in at least 2 prominent places at each place the employee will work. These notices must be posted for a minimum of 10 consecutive business days. If multiple job sites are listed on the LCA, then postings must be made at all of them, including client sites where applicable.
Postings must include a notice that H-1B employees are being sought, the number of H-1Bs to be hired, the positions they will occupy, the wages offered, the employment period, and the place(s) at which the employees will work. It must also state that the LCA is available for public inspection.
Public Access Files
The law requires employers to maintain a public access file for each H-1B worker and to make it available to any interested or aggrieved party on request. Among other documents, the public access file must include the LCA for the position; a statement about the wage rate to be paid; documentation used to determine the prevailing wage; a detailed explanation of the process used to set the actual wage; copies of posted notices; and a summary of benefits offered to similar U.S. workers in the company.
Worksite inspections by the USCIS Office of Fraud Detection and National Security (FDNS) have become more common in recent years. An FDNS investigator may arrive unannounced at either the employer’s principal place of business or the H-1B employee’s place of work as listed on the H-1B petition. One reason for an inspection is to review the public access files for all H-1B workers. Should any of the requested files be unavailable or incomplete, the employer may incur stiff penalties.