H-1B LCA Posting and Public Access File Compliance: 8 Common Mistakes To Be Aware Of.

by Roman Zelichenko

It’s H-1B cap season, which means Labor Condition Application (LCA) posting and Public Access File (PAF) compliance should be top of mind for immigration law firms, in-house legal teams, and global mobility professionals. While the requirements themselves are relatively straightforward, the way they are handled in practice, especially through manual processes, creates significant compliance risk.

In this article, we break down the most common LCA posting and PAF compliance mistakes, explain the underlying Department of Labor (DOL) regulations, and outline how organizations can modernize their approach to reduce risk and improve audit readiness.

What Are LCA Posting and Public Access File Requirements?

Before diving into common mistakes, it’s important to understand the regulatory framework.

Under the H-1B program, employers must file an LCA with the U.S. Department of Labor and comply with specific notice and record-keeping requirements. These rules are governed primarily by 20 CFR § 655.734 (Notice of Filing) and 20 CFR § 655.760 (Public Access File requirements).

At a high level, employers must:

  • Provide notice of the LCA to workers at the worksite before or on the date of filing
  • Ensure the notice is accessible and visible to affected employees
  • Maintain a Public Access File with required documentation within one working day of filing
  • Retain that file for specific regulatory time periods

Despite these clear requirements, the reality is that manual processes introduce gaps at nearly every step.

The Most Common LCA Posting Compliance Mistakes

LCA Not Posted (or Posted Incorrectly)

One of the most fundamental compliance failures occurs when the LCA is not posted at all, or not posted correctly. In a typical manual workflow, a law firm sends a PDF notice via email with instructions to print and post. From that point forward, the process depends entirely on the client. The notice may be placed in an incorrect location, not be visible to employees, or never be posted at all. The law firm often has no visibility into whether the posting actually occurred.

LCA Posted for the Wrong Time Period

DOL regulations require that LCA notices be posted for at least 10 days. While the consensus is that these are calendar days, tracking this manually is unreliable. Some companies remove postings too early, which creates clear noncompliance. Others leave notices posted indefinitely, which is not technically a violation but can expose the company to unnecessary scrutiny during audits.

No Confirmation from Client Before Filing

Many law firms wait for confirmation emails from clients that the LCA has been posted before submitting it through the FLAG system. When that confirmation is delayed (or never provided) it creates operational bottlenecks. The firm must follow up repeatedly, and the entire H-1B process can be delayed due to a lack of documentation or a clear audit trail.

Failure to Repost After Remote Work Moves

The rise of remote work has introduced a major compliance challenge. If an employee moves—even within the same metropolitan statistical area (MSA), and continues working remotely, the new location may be considered a new worksite. Under 20 CFR § 655.734, that triggers a new LCA posting requirement. In practice, many employers are unaware of this obligation, leading to inadvertent noncompliance.

The Most Common Public Access File (PAF) Mistakes

PAF Not Created Within One Working Day

DOL regulations require that a Public Access File be created within one working day of filing the LCA. In a manual workflow where documents and instructions are sent via email, this requirement is frequently missed. Even when guidance is clear, competing priorities and lack of centralized oversight often result in delayed PAF creation, placing the employer out of compliance.

PAF Missing Required Documents

The PAF must contain specific documentation, including the certified LCA, wage rate information, and a summary of benefits offered to U.S. workers. However, many law firms do not have direct visibility into whether clients have assembled these documents correctly. At the same time, companies often assume they are compliant without verification. This lack of transparency creates a high risk of incomplete or deficient files.

Improper PAF Retention

Under 20 CFR § 655.760, PAFs must be retained for:

  • One year beyond the last date the H-1B worker is employed under the LCA, or
  • One year from the date the LCA expires or is withdrawn

In practice, retention policies are inconsistently applied. Some organizations discard files too early, while others retain them indefinitely without a clear system. Both scenarios create unnecessary compliance and audit risks.

Storage of PII Without Oversight

Another overlooked issue is the inclusion of personally identifiable information (PII) in Public Access Files. While not always a direct violation of DOL regulations, including sensitive employee data can conflict with internal privacy policies or broader data protection standards. Many organizations are not actively monitoring this risk, which can lead to downstream compliance issues.

Why Manual LCA and PAF Processes Create Risk

The common thread across all of these issues is reliance on manual, fragmented workflows. Email-based processes, paper postings, and decentralized file storage create a system where:

  • Responsibility is unclear
  • Visibility is limited
  • Documentation is inconsistent
  • Audit readiness is weak

In today’s enforcement environment—particularly with increased scrutiny under initiatives like DOL’s enforcement efforts and FDNS site visits—these gaps are no longer theoretical risks. They are real exposure points that can lead to penalties, back wage liability, or debarment.

The Case for Electronic LCA Posting and PAF Management

Modernizing LCA and PAF processes through technology addresses these challenges directly. Electronic systems allow organizations to:

By replacing fragmented workflows with a structured, transparent system, organizations can significantly reduce compliance risk while improving operational efficiency.

How LaborLess Helps Immigration Teams Stay Compliant

LaborLess was built specifically to address these challenges. Instead of relying on manual coordination between law firms and clients, LaborLess enables:

  • Electronic LCA posting managed directly by the law firm or employer
  • Automatic tracking of posting timelines
  • Instant creation and maintenance of Public Access Files
  • Centralized storage of all LCA and PAF documentation
  • Clear audit trails for every action taken

For law firms, this means greater control over compliance and the ability to provide an additional, high-value service to clients. For employers, it means confidence that every step of the process is being handled correctly and consistently.

If your organization is still relying on manual LCA posting and PAF management—especially during H-1B cap season—now is the time to modernize your approach. Visit www.laborless.io to learn more or get started. LaborLess is onboarding new clients within 24–48 hours to ensure teams are fully prepared for cap season.

Frequently Asked Questions (FAQ)

What is the minimum LCA posting requirement?

Employers must post the LCA notice for at least 10 days in a location accessible to affected employees or provide electronic notice in accordance with DOL regulations under 20 CFR § 655.734.

When must a Public Access File be created?

A Public Access File must be created within one working day of filing the LCA, as required by 20 CFR § 655.760.

What documents must be included in a PAF?

A PAF typically includes the certified LCA, wage rate documentation, a summary of benefits, and other supporting materials required by DOL regulations.

How long must PAFs be retained?

PAFs must be retained for one year beyond the last date of employment under the LCA or one year from the date the LCA is withdrawn or expires.

Does remote work require new LCA postings?

Yes, in many cases. If an H-1B employee changes work locations, including remote work from a new address, it may trigger a new LCA posting requirement depending on the circumstances.

Why is electronic LCA posting better than paper posting?

Electronic posting improves visibility, ensures consistent compliance, automates tracking, and creates a reliable audit trail—reducing the risk of human error associated with manual processes.