(Revised July 2008) (PDF)

This fact sheet provides general information concerning recordkeeping requirements for employers under the H-1B program.

Some records required of H-1B employers must be maintained to comply with other laws (e.g., the Fair Labor Standards Act, the Internal Revenue Code). H-1B-dependent or willful violator employers must maintain additional records (see WH Fact Sheet #62E).

Records to be kept by every H-1B employer and made available to the Wage and Hour Division upon request:

  1. Name, address, occupation, and social security account number for all H-1B workers and any other worker employed by the employer in the same occupation at the place of employment;
  2. Rate of pay, hours worked (if hourly or part-time), gross pay, deductions, and net pay for all H-1B workers and any other worker employed by the employer in the same occupation at the place of employment;
  3. Benefit plan(s) offered and provided;
  4. Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E);
  5. Prevailing wage rate and its source;
  6. Method used to establish the actual wage;
  7. Documentation that the notice requirement was satisfied;
  8. In the event of corporate change:
    • A. Sworn statement by successor entity accepting all liabilities of predecessor entity;
    • B. List of H-1B workers transferred to successor entity;
    • C. Affected LCA number(s) and effective date(s);
    • D. Description of successor entity’s actual wage system; and
    • E. Successor entity’s employer identification number.

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.