Fact Sheet # 62D: What records must be maintained by all H-1B employers?
(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:
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;
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;
Benefit plan(s) offered and provided;
Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E);
Prevailing wage rate and its source;
Method used to establish the actual wage;
Documentation that the notice requirement was satisfied;
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.
- A. Sworn statement by successor entity accepting all liabilities of predecessor entity;
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.