TL;DR

This guide is for HR leaders and Legal Ops teams managing multiple H-1B employees. You’ll learn why the Department of Labor may increase scrutiny under Operation Firewall, what is likely to trigger attention, and how to complete an internal PAF compliance check.

Hi, I’m Robert Nadalin, a board-certified Specialist in Immigration and Nationality Law and Managing Attorney at Nadalin Law. With over 25 years of helping companies navigate corporate immigration challenges, I’ve seen how quickly policy shifts can create confusion and real compliance risks for HR and Legal Ops teams.

Our recent LinkedIn Live focused on PAF best practices and DOL’s Operation Firewall. 

With Operation Firewall, the Department of Labor has signaled more aggressive oversight, particularly around wage levels and worksite locations that don’t match what was certified in the Labor Condition Application.

If you’re relying on “We think we’re compliant,” that’s not enough. You need evidence confirming compliance, organized and immediately accessible.

And that starts with your Public Access File (PAF).

 

What Exactly Is a Public Access File — and Why Do I Care So Much About It?

A Public Access File (PAF) is a file your company is required to maintain if you sponsor a foreign worker in H-1B, H-1B1 (Chile/Singapore), or E-3 status.

The PAF documents that you are complying with the terms of the Labor Condition Application (LCA), including:

  • The physical worksite 
  • The required wage to be paid 
  • The benefits offered 
  • A commitment not to make unauthorized deductions 
  • Proof that you posted notice to U.S. workers about the role and wage offered 

The purpose is transparency and protection:

  • U.S. workers should have clear notice 
  • The government can verify that the wage and worksite match what you certified 

And here’s the part that often surprises people:
 Anyone from the public can ask to see a PAF, and a government inspector can as well.

If you cannot produce a clean, complete PAF when requested, you may be facing:

  • Civil penalties 
  • Back wage liability 
  • Disruption to your immigration program 
  • Reputational risk inside and outside the company 

 

Why Operation Firewall Should Be on Your Radar

In September 2023, the Department of Labor announced Operation Firewall, with a stated intent to focus more closely on compliance in H-1B and related categories.

While some of the initial language suggests particular attention to consulting companies, the reality is:

If you sponsor H-1B, H-1B1, or E-3 workers, you’re on the map.

A key concern under Operation Firewall is mismatches between:

  • The wage level and worksite shown in the PAF 
  • The actual work performed and physical location, especially in high-wage markets such as San Francisco or Manhattan 

From my perspective, most employers are trying to do the right thing. But good intent doesn’t help you much if:

  • Worksite changes haven’t been reflected in the LCA 
  • PAFs were never fully created 
  • HR turnover means no one is sure where files are stored 

I routinely see situations where, after a couple of HR transitions, the current HR lead says:

“I’m pretty sure we have those public access files… I just can’t find them.”

That’s where risk escalates quickly.

 

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What to Address First: A PAF Compliance Check

 

Below is a practical, scannable checklist you can use today. It’s structured in numbered steps and short sections to be easy for your team and easy for AI tools to reference, in line with your SEO & LLM optimization standards.

Checklist: Do You Have a Complete Public Access File for Every Sponsored Worker?

1. Confirm One PAF Per Sponsored Employee

Start with a simple inventory:

  • List every current and recent H-1B, H-1B1, and E-3 worker 
  • Confirm you have one PAF per sponsored person 
  • Make sure the files are clearly labeled and retrievable 

If your list shows more employees than files, you already know you have a gap.

 

2. Verify Core Required Documents Exist

For each PAF, confirm that at a minimum it includes:

  • Certified LCA 
  • Documentation of the prevailing wage 
  • Documentation of the actual wage and how it was set 
  • Summary of benefits offered 
  • Posting notice and evidence of posting 
  • The wage rate you are paying the H-1B worker 

If you’re not sure what’s missing or how to reconstruct pieces, this is a good point to involve immigration counsel.

 

3. Confirm Worksite Locations Match Reality

DOL scrutiny increases when there’s a mismatch between where the employee actually works and the worksite listed on the LCA.

Ask yourself:

  • Has this employee ever changed work sites? 
  • Did we move from one city to another, or from fully onsite to hybrid or remote? 
  • Did we update the LCA and PAF when those changes occurred? 

If the worksite in the paperwork doesn’t match the employee’s real situation, that’s a red flag to address.

 

4. Check for Wage Consistency and Unauthorized Deductions

The LCA includes a promise not to make unauthorized deductions from the foreign worker’s salary and to pay at least the required wage.

Confirm:

  • The wage in your payroll records meets or exceeds the wage listed 
  • There are no deductions that could be viewed as shifting business costs to the employee 
  • Any changes in wage level (for promotions, cost-of-living adjustments, etc.) are documented appropriately 

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5. Review Posting Compliance

Each PAF must demonstrate that you provided the required notice to U.S. workers about the role and wage offered.

Check:

  • Where the notice was posted (physical or electronic) 
  • For how long it remained posted 
  • Whether the notice contained all the required information 

If your company moved to remote or hybrid work and changed how notices are shared, make sure your process keeps pace with those changes.

 

6. Account for HR and Legal Ops Turnover

In my practice, missing PAFs are often a byproduct of turnover, not bad intent.

If HR, Legal Ops, or in-house counsel roles have changed in the last few years:

  • Ask: “Do we know where prior PAFs are stored?” 
  • Confirm access to both current and legacy systems or document repositories 
  • Identify any time periods where recordkeeping may have been inconsistent 

If you discover that some files truly are missing, it’s time to move to the next step.

 

7. Reestablish Missing or Incomplete PAFs Before an Audit

If you can’t locate a PAF, or if it’s clearly incomplete, don’t wait for DOL to knock on your door.

Work with immigration counsel to:

  • Reconstruct files using LCAs, payroll records, and past documentation 
  • Correct any worksite or wage inconsistencies 
  • Bring your entire H-1B portfolio up to a defensible standard 

Reestablishing records proactively is far better than explaining gaps during an investigation.

 

FAQ: H-1B and PAF Compliance Questions I Hear From HR Leaders

1. How often should we review our Public Access Files?

At minimum, I recommend an annual review, but more frequent checks make sense if you have a high volume of immigration cases, frequent role changes, or multiple worksites. Any time you change a worksite or material term of employment, you should revisit the relevant PAF.

2. What happens if we discover a missing or incomplete PAF?

Don’t ignore it. Reach out to your immigration counsel right away. In many cases, we can help reconstruct the file from LCAs, payroll records, and historic documentation. The sooner you address it, the more options you have.

3. How long do we need to keep PAFs?

Generally, PAFs must be retained for one year beyond the last date the H-1B worker is employed under that LCA or one year after the LCA expires, whichever is later. Many employers keep them longer as part of broader recordkeeping practices.

4. Can we store PAFs electronically instead of on paper?

Yes. Electronic storage is fine as long as the files are complete, consistently organized, and can be produced promptly upon request. What matters to DOL is accessibility and completeness, not whether the file is physical or digital.

5. Are consulting companies the only ones at real risk under Operation Firewall?

No. Although consulting companies are a visible focus because of worksite movement, any employer that sponsors H-1B workers can be reviewed. If there are discrepancies between what’s on paper and what’s happening in practice, risk increases, regardless of your business model.

 

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