We have received reports from employers that they are receiving unsolicited emails from individuals asking for immigration-related compliance documents, including Labor Condition Applications (LCAs) and Public Access Files (PAFs). In some cases, individuals have also appeared at worksites or offices requesting to inspect these files.

These requests are not always framed correctly and often reflect misunderstandings about what employers are required to provide and how access must be granted. As a result, employers benefit from having a clear understanding of their actual legal obligations and the limits of those obligations.

This article explains what a Public Access File is, what it must contain, what it should not contain, and how to handle both email and walk-in requests in a manner that complies with Department of Labor regulations while protecting employee privacy and minimizing disruption.

What Is a Public Access File?

A Public Access File (PAF) is a compliance file that employers must maintain when they file a Labor Condition Application (LCA) for certain temporary work visas, such as H-1B, H-1B1, or E-3. The purpose of the file is to provide transparency about the wage and working-condition attestations made to the U.S. Department of Labor.

A Public Access File is not a personnel file, an immigration petition file, or a comprehensive employee record.

When a Public Access File Must Be Created

Ideally, an employer must create a PAF within one working day after filing the LCA with the Department of Labor. The file must generally be retained for at least one year after the last date an H-1B worker is employed under the LCA.

What a Public Access File Must Contain

By regulation, the file must include the following:

• Certified LCA: A copy of the Labor Condition Application (ETA Form 9035 or 9035E) certified by the Department of Labor.
• Wage Rate Documentation: A statement of the wage rate paid to the H-1B worker or workers covered by the LCA and how that wage was determined.
• Prevailing Wage and Actual Wage Explanation: Documentation describing the source of the prevailing wage and the employer’s actual wage system.
• Proof of Notice: Evidence that the employer posted or otherwise provided notice of the LCA filing as required.
• Summary of Benefits: A general description of benefits available to U.S. workers and H-1B workers in the same job classification.

What a Public Access File Must Not Contain

Employers should not include any personal, confidential, or immigration-specific documents in the PAF:

• Employee names
• Home addresses or contacts
• Social Security numbers
• Passports, visas, or I-94 records
• Form I-129 petitions or supporting exhibits
• Payroll records that identify specific employees

Including personal or sensitive information can create unnecessary privacy and compliance risk. Employers should keep that information in a separate private file and share it only with authorized government investigators, not as part of the PAF.

Handling Email Requests for the PAF

Some employers have reported receiving unsolicited emails requesting copies of LCAs, wage information, or Public Access Files. Department of Labor regulations do not require employers to respond to these emails.

The employer’s obligation is limited to maintaining a Public Access File and making it available for public inspection at the employer’s principal place of business or worksite. The regulations do not impose any duty to acknowledge, answer, or respond to email requests, and they do not require employers to transmit documents electronically. An unsolicited email request, by itself, does not trigger any legal obligation. If an employer chooses to respond as a matter of discretion, it may:

• State that the Public Access File is available for inspection at the employer’s principal place of business or worksite during normal business hours
• Offer to coordinate an in-person inspection
• Decline to provide copies or transmit the file by email

These steps are optional, not required. An employer may lawfully choose not to respond to an unsolicited email request and will still remain in compliance with the Public Access File regulations.

What to Do If Someone Walks In and Demands to See the PAF

If an individual appears in person and requests to inspect a Public Access File:

• The employer must make the file available for inspection within a reasonable time
• Inspection may be limited to normal business hours
• The employer may supervise the inspection
• Access may be limited strictly to the required contents of the Public Access File

The regulations do not define a specific deadline for producing the file after a request is made. Instead, the standard is whether the file is available for inspection during normal business hours without unreasonable delay. Delays tied to ordinary business operations are generally considered reasonable.

Examples of Reasonable Handling

The following are typically reasonable under the regulations:

• Asking a requester to return later the same day or the next business day if the designated HR or compliance contact is unavailable
• Scheduling the inspection during normal business hours rather than immediately upon demand
• Allowing time to retrieve the file from a secure location or compliance system
• Supervising the inspection and limiting access to the contents of the Public Access File only

Why Employers Should Take These Requests Seriously

Requests for Public Access Files are legal public rights, but they can be misused as burdensome tactics by advocacy groups or activists seeking compliance documents. This trend parallels what has been reported in the public records context, where political actors have filed high volumes of requests to overload government offices.

It is important to respond in a manner that complies with the law while protecting employee privacy and mitigating operational disruption.

Best Practices for Employers

• Maintain each PAF separately and keep it current and complete
• Do not include personal or confidential records in the PAF
• Train staff on how to respond to both email and in-person requests
• Designate a point of contact for inspection requests
• Make PAFs available only as required by regulation

By: Adena Bowman

Adena Bowman is a Senior Associate Attorney at Reddy Neumann Brown PC with over 12 years of experience in U.S. immigration law. She helps clients ranging from small businesses to large multinational corporations bring workers to the U.S. and stay compliant with immigration regulations. She also guides individual clients through employment, investment, and family-based immigration matters. Clients rely on her for clear guidance, strategic planning, and personalized support in navigating complex immigration challenges.