H-1B Public Access File, Ability to Pay and Employer Immigration Compliance
Public access files, ability to pay and site visit readiness — kept current
Sponsorship creates obligations that outlive the filing. The public access file must be assembled within one working day of the LCA and stay available for public inspection. It is the first thing a Department of Labor investigation asks to see, and it is routinely the thing employers have not kept.
What It Covers
- H-1B Public Access File Preparation & Maintenance — Wage rate documentation, actual wage memorandum, prevailing wage source, evidence of notice and summary of benefits — assembled on time and maintained for the retention period. $425 per LCA
- I-140 Ability-to-Pay Analysis — Continuing ability to pay the proffered wage from the priority date forward, evidenced from tax returns, annual reports or audited financial statements. $850
- H-1B Wage Level Analysis — Market wage benchmarked by SOC code and geography with percentile placement, defending the wage level against scrutiny. $550
- FDNS Site Visit Readiness — Worksite confirmation, signage, personnel records, position documentation and a briefing pack for whoever meets the officer. $800
- Actual Wage Memorandum — The written methodology explaining how the employer sets wages for the occupation, and where the sponsored worker sits within it. $400
- Compliance File Audit — A review of existing files against what the regulations require, with a schedule of what is missing and in what order to fix it. Quoted per engagement
How It Works
- Compliance audit — We review what exists — which LCAs are live, which files are complete, what the retention position is, and where the exposure sits.
- File construction — Missing files built from the underlying records, existing files completed, everything indexed so any document can be produced on request within minutes.
- Wage documentation — Actual wage memoranda, prevailing wage sources, and benchmarking analysis where the wage level needs defending.
- Ongoing maintenance — A new LCA filed means a new file opened, within the working day. Retention diarised so nothing is destroyed early or kept past its purpose.
- Readiness — Site visit briefing and documentation pack, refreshed as worksites and personnel change.
Why Zeolla
- Compliance is recurring, and we work that way — Most immigration documentation is bought once per case. Public access files are per LCA and ongoing, so we price and staff for a standing relationship rather than a transaction.
- Built to be produced, not just to exist — A file that cannot be found on the day it is asked for is not a file. Everything is indexed and retrievable, because the request always arrives without notice.
- Wage analysis is our home ground — Market salary research has been a core service for a decade. Benchmarking a role against a wage distribution is the same work in a new dataset.
- We work alongside counsel and HR — Employment and immigration counsel keep the legal calls. We keep the documentation current so there is something to defend.
Common Questions
- When does the public access file have to exist?
- Within one working day of the Labor Condition Application being filed. It must then be kept available for public inspection for the prescribed retention period.
- What does ability to pay actually require?
- The petitioning employer must show continuing ability to pay the proffered wage from the priority date until the beneficiary becomes a permanent resident, evidenced by annual reports, federal tax returns or audited financial statements. Employers with 100 or more workers may instead rely on a statement from a financial officer.
- Do you handle I-9 compliance?
- Not as a core service. That market is dominated by software platforms and we would rather point you to one than compete badly with it. Everything else on this page we do directly.
- Can you take this on as a retainer?
- Yes, and for most sponsoring employers that is the sensible shape. Files open as LCAs are filed rather than being reconstructed in a panic when an investigator arrives.
Services and pricing · Contact us · About Zeolla Solutions