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The following article was featured in the Indo-American News, Sept 4, 2009 issue:

H-1B Employers: Are you maintaining Public Access Files?
By: Attorney Zainab K. Rizvi

As the number of government officials conducting investigations throughout the United States is growing,
it is imperative that if you employ foreign nationals in an H-1B capacity, you are properly maintaining a
Public Access Files as required by law. These files must contain specific information regarding the
employee’s wages and the employer’s compliance with the Labor Condition Application (LCA).
One of the reasons behind the rise in such audits and continuing scrutiny of employers is partial due to the
state of the economy and high unemployment rates. It is important that employers keep the public access
file separate from other business files. The employer is required to have the public inspection file readily
available at the employer’s principal place of business in the U.S. or on the premises of the H-1B
employee’s work locations. In case of an LCA audit by the Department of Labor, these files will be
subject to inspection along with payroll records to make sure the foreign national employee is being paid
the wage stated in the application Also, it is important to note that Public Access Files must be
maintained for one year beyond the date the H-1B employee stops working under the LCA.

To ensure your company’s files are in compliance with Federal Regulations, it is advisable to seek
assistance from an attorney.

For further information, contact the Law Offices of Zainab K. Rizvi at (713) 297-9131 or visit