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20 CFR § 655.760

Automate H-1B Public Access File Compliance

Federal regulations mandate an audit-ready Public Access File within one day of LCA filing. SpaceLizit automatically compiles, redacts, and archives electronic PAFs in 60 minutes.

Why Firms Choose SpaceLizit

60-Minute Auto-Compilation

Electronic PAF generated automatically upon DOL certification without manual document gathering.

Zero DOL Audit Exposure

Complete statutory packet includes certified LCA, wage memos, and posting proof with SHA-256 integrity.

1-Year Statutory Retention

Automated retention calendar tracks the mandatory one-year post-employment archiving window.

Key Features

Automated LCA Document Ingestion

Pulls certified Form ETA-9035 directly from the Department of Labor into the compliance folder.

Actual Wage Memorandum Generator

Synthesizes employer actual wage system explanations based on company compensation structures.

Prevailing Wage Source Documentation

Archives OEWS wage surveys, independent wage reports, or certified prevailing wage determinations.

Workplace Notification Proof

Records proof of 10-day physical postings or intranet electronic notification confirmations.

Automated PII Redaction

Redacts employee personal identifiable information to protect privacy during public inspection.

DOL Audit Log & Export

Exports cryptographically hashed ZIP dossiers instantly when Department of Labor investigators audit.

Shield Your Practice from DOL Wage & Hour Audits

Manual PAF tracking leads to missing posting dates and severe civil fines. Deploy SpaceLizit's automated PAF engine today.

Statutory Definition • Department of Labor

What is mandatory for an H-1B Public Access File under 20 CFR § 655.760?

A compliant H-1B Public Access File (PAF) is a statutory documentation dossier mandated by Department of Labor regulations under 20 CFR § 655.760 that sponsoring employers must make available for public examination within one working day of filing a Labor Condition Application (Form ETA-9035). Federal rules require the PAF to contain a copy of the certified LCA, documentation establishing the actual wage rate paid to the foreign national, an explanation of the employer actual wage system, prevailing wage determination documentation, proof of union notification or ten-day physical or electronic workplace posting, and a summary of employee benefits offered to United States workers. Sponsoring employers must retain PAF records for one year beyond the end of the employment authorization period or date of withdrawal. Failure to maintain compliant Public Access Files exposes employers to Department of Labor Wage and Hour Division civil penalties reaching thirty-five thousand dollars per violation and program debarment.

Mandatory PAF Inclusions

  • • Certified Form ETA-9035 with official DOL signature stamp
  • • Actual wage rate documentation and wage calculation system
  • • Prevailing wage source documentation (OEWS / OES survey)
  • • Workplace electronic or physical 10-day notice confirmation
  • • Summary of fringe benefits offered to all full-time workers

Non-Compliance Liabilities

  • • Fines up to $35,000 per violation under DOL regulations
  • • 1 to 3 year mandatory debarment from H-1B and PERM filings
  • • Retroactive back wage assessments with interest
  • • Public audit findings and loss of corporate reputation
  • • Automatic scrutiny across all related corporate entities

How SpaceLizit Automates the PAF Lifecycle

From LCA certification through statutory archiving, our engine manages every milestone automatically.

1

LCA Certification Webhook

SpaceLizit detects certified ETA-9035 filings and instantly initializes the electronic compliance docket.

2

Automated Evidence Collation

Pulls prevailing wage data, actual wage memorandums, and benefits summaries from case records.

3

Intranet Posting Verification

Logs timestamped electronic posting notifications or generates physical notice attestation affidavits.

4

PII Scrubbing & SHA-256 Hashing

Creates the public inspection copy with sensitive personal data redacted and cryptographic timestamping.

5

Automated Statutory Purge Alert

Notifies compliance teams exactly one year after employment termination when records can be safely archived.

Frequently Asked Questions

Can Public Access Files be stored electronically?

Yes. Department of Labor regulations allow electronic PAF storage provided the documents can be made available for inspection within one working day of request.

What should NOT be included in a Public Access File?

Personal identifiable information including Social Security Numbers, foreign national home addresses, and confidential corporate trade secrets should never be placed in the public inspection file.

How long must an employer keep a Public Access File?

Pursuant to 20 CFR § 655.760(c), PAFs must be retained for one year beyond the date the employment period ends, or one year from the date the LCA was withdrawn if no foreign workers were employed.

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