Posted April 12, 2019 - Vineesha Kakarlapudi
The H-1B Cap season is over and you are done with the LCAs. Now is the time to create a Public Access File!
Worried about all that hassle of creating and maintaining a Public Access File for every non-immigrant employee of your organization? OnBlick does that for you!
PAFs are the most overlooked set of documents while hiring a non-immigrant, but are actually one of the main reasons for receiving a penalty during an audit. It is an understatement to say that most of the employers are even unaware of the documents in the PAF.
Firstly, what is a Public Access File?
A public access file is the one that needs to be maintained by any United States employer hiring people in H-1B, H-1B1, or E-3 temporary non-immigrant worker statuses.
Creating & Maintaining a Public Access File
As an employer, you should create a PAF as soon as you file the Labor Condition Application to the Department of Labor. Once you create a PAF, it should be immediately available in the principal location of the employer or the location specified for employment.
Note: Do you know that an employer should create a PAF within one day after an LCA is filed?
As the name suggests anyone from the public can request a Public Access File. A DOL officer can also request a PAF during audits. The corresponding employer is responsible for submitting the requested PAF within three business days of the request.
PAF should include a signed copy of In Progress/ Certified LCA.
PAF should include the documents stating the wage provided to the employee as specified in the LCA.
Documentation explaining the actual wage system followed in determining the wage offered for that particular requirement.
Documentation needed for establishing the source of the pre-wailing wage determined for this occupation.
PAF should include the evidence that the LCA was posted in the business location for at least ten days.
A summary of all the benefits offered to the U.S employees and the non-immigrant employees
Creating a Public Access File needs information from multiple sources. Employers find it difficult and stressful to assimilate all the required information from these authenticated sources, resulting in errors and inaccurate information. Also, retention of PAFs for every non-immigrant employee of the organization is a challenging task for the employers.
Failure in providing accurate information or presenting the requested PAF to the officer within three business days of the request is considered as compliance failure. This will lead to huge penalties for the organization.
OnBlick’s PAF automation feature helps employers in creating and maintaining the PAFs in a snap of your fingers. It creates a Public Access File within a few seconds from the time you upload an In progress/ Certified LCA.
OnBlick assimilates data from original sources like O*NET, FLC Data center and ICert Registry Portal. This data will help in providing authentic guidance to the employers in creating their PAFs. OnBlick fetches the data related to LCAs from the past four years to help you in creating the PAFs for them.
As soon as the employer uploads an In progress/ Certified LCA, OnBlick gathers all the required information from the genuine sources and creates the requested Public Access File documentation instantly. You can easily share these PAFs with the DOL officers during an audit or on public request. You can also add the physical copy of this PAF to H-1B packet while filing the petition.
OnBlick’s PAF automation feature keeps you audit ready with error-free, accurate and readily available PAFs.