H-1B Electronic LCA Posting & Electronic Public Access File Compliance Explained So a 5-Year Old Can Understand!

by Roman Zelichenko

If you work in immigration law or global mobility, you already know that H-1B compliance is getting more scrutiny than ever. Between increased enforcement initiatives like Project Firewall and growing coordination between agencies, what used to feel like “back-office admin work” is now front and center.

And yet… many teams are still handling Labor Condition Application (LCA) postings and Public Access Files (PAFs) the same way they did 10+ years ago.

So let’s break this down simply.

Why LCA Posting and PAF Compliance Matter More Than Ever

At its core, the H-1B program is built around a simple idea:

Protect U.S. workers while allowing employers to hire global talent.

To enforce that, the U.S. Department of Labor (DOL) requires employers to:

  • Be transparent about hiring H-1B workers
  • Pay appropriate wages
  • Maintain documentation proving compliance

That’s where LCA posting and Public Access Files come in.

And importantly, these are not optional—they are explicit regulatory requirements under federal law.

What the Law Actually Requires: LCA Posting Rules Under 20 CFR

The rules for LCA posting are set out in 20 CFR § 655.734.

Here’s what employers (and their immigration lawyers) are required to do:

📌 Core LCA Notice Requirements

  • Provide notice of the LCA to workers on or before the filing date
  • Ensure notice is given to “affected workers” at the place of employment
  • Maintain documentation showing how and when notice was provided

📌 Acceptable Methods of Notice

Under the regulations, notice can be provided through:

  • Physical posting in two conspicuous locations at the worksite
  • Electronic posting, including:
  • Intranet postings
  • Internal communication systems
  • Other electronic means regularly used by employees

📌 Duration Requirements

📌 Special Considerations

  • Remote workers must be included in the notice process
  • Notice must be accessible—not hidden or difficult to find

Breaking It Down Simply: What Good vs. Bad Compliance Looks (Written for a 5-year old!)

Let’s simplify the rules into something more practical:

  • Posting before filing, good
  • Posting after filing, bad
  • Posting for 10+ days, good
  • Taking it down early, bad
  • Posting where employees actually look, good
  • Hiding it somewhere obscure, bad
  • Including remote employees, good
  • Forgetting them, bad
  • Keeping proof of posting, good
  • “We think we did it…”, bad

When you look at it this way, the rules are not complicated. But execution is where most problems happen.

Public Access Files (PAFs): The Documentation That Proves Compliance

If LCA posting is about transparency, then the Public Access File is about proof.

Under 20 CFR § 655.760, employers must create and maintain a Public Access File for each H-1B worker.

📂 What Must Be Included in a PAF

A compliant PAF typically includes:

  • A copy of the certified LCA
  • Documentation of the wage rate paid
  • Explanation of the wage system used
  • Evidence of LCA posting (timing and method)
  • Summary of benefits offered to U.S. workers vs. H-1B workers

📂 Timing Requirements

  • The PAF must be created within one working day of filing the LCA

📂 Retention Requirements

  • Must be retained for:
  • One year beyond the last date of employment under the LCA, or
  • One year from LCA expiration if no worker was employed
  • Holding onto PAFs for longer than necessary isn't illegal, but it can expose you to more risk than is necessary!

What Good vs. Bad PAF Management Looks Like

Again, simplifying:

  • Creating the PAF within 1 day, good
  • Waiting to put it together later, bad
  • Including all required documents, good
  • Missing key documents, bad
  • Keeping files organized and accessible, good
  • Searching emails to rebuild them, bad
  • Following retention rules, good
  • Keeping everything forever (or deleting too early), risky
  • Knowing exactly where PAFs are stored, good
  • “We’ll figure it out if audited…”, bad

The Real Problem: Manual, Paper-Based Compliance

Even though the rules are clear, the process most firms still use is not.

Here’s what the traditional workflow often looks like:

This creates a long list of risks:

  • Was it actually posted?
  • Was it posted long enough?
  • Was it posted in the right place?
  • Was the PAF created on time?
  • Is it complete?
  • Can it be produced during an audit?

And in today’s enforcement environment, those risks are no longer theoretical.

Why Electronic LCA Posting and Digital PAFs Are the New Standard

The regulations already allow for electronic posting. The issue is not legality—it’s adoption.

Modern compliance should look like this:

  • Posting digitally once, good
  • Relying on manual posting and follow-ups, bad
  • Automatic tracking of posting duration, good
  • Guessing how long something was posted, bad
  • Instant PAF creation, good
  • Delayed or incomplete PAF assembly, bad
  • Centralized storage, good
  • Scattered files across inboxes and folders, bad
  • Full audit trail of actions, good
  • No documentation of what happened, bad

The Project Firewall Reality: Compliance Is No Longer Optional

With initiatives like Project Firewall, enforcement is shifting from reactive to proactive.

That means:

  • Audits can be initiated more easily
  • Data across agencies is being shared
  • Site visits and investigations are increasing

In this environment, compliance is no longer about checking boxes.

It’s about being audit-ready at any moment.

Why This Is Actually a Simple Problem to Solve

The irony is that when you strip away complexity, compliance becomes very straightforward:

  • Tell workers properly
  • Keep records properly
  • Be consistent

The challenge isn’t the law—it’s the process.

And outdated processes are what create risk.

How LaborLess Helps Solve This

This is exactly why we built LaborLess.

LaborLess enables immigration law firms and in-house teams to:

  • Post LCAs electronically and instantly
  • Automatically track posting duration
  • Generate compliant PAFs in real time
  • Store all compliance data in one place
  • Maintain a complete audit trail

In other words:

  • Less guessing
  • Less chasing
  • Less risk

And much more confidence.

Ready to Modernize Your H-1B Compliance?

If any part of your current LCA and PAF process still involves:

  • PDFs
  • Email follow-ups
  • Manual tracking
  • Uncertainty

…it may be time to rethink it.

Visit www.laborless.io, fill out our contact form, and we’ll get back to you right away to get you started!

FAQ: H-1B LCA Posting and PAF Compliance

What happens if LCA posting is done incorrectly?

Employers may face fines, back wage liability, or debarment from the H-1B program under DOL enforcement authority.

Is electronic LCA posting allowed?

Yes. Under 20 CFR § 655.734, electronic posting is explicitly permitted if it reaches affected workers.

How quickly must a Public Access File be created?

Within one working day of filing the LCA, per 20 CFR § 655.760.

Do remote workers need to be included in LCA posting?

Yes. Employers must ensure notice reaches all affected workers, including remote employees.

Is over-retention of PAFs a violation?

Not necessarily—but it can increase audit exposure. Under-retention, however, is a clear violation.

What is the biggest compliance risk today?

Not knowing whether postings and PAFs were completed correctly—and not being able to prove it during an audit.