For startups sponsoring H-1B or PERM candidates, compliance doesn’t end after filing the LCA or submitting a petition. One of the most important, and most frequently overlooked components of immigration compliance is maintaining a complete audit file.
Audit files are essential in the event of a Department of Labor (DOL) investigation. If your company is selected for an audit, you’ll need to produce the right documentation fast. Missing paperwork can result in fines, delays, or worse loss of sponsorship privileges.
Here’s what startups (and their legal teams) should always include in an immigration audit file, plus tips for keeping it organized and accessible.
Public Access File (PAF) Requirements
The PAF is required for every H-1B and PERM case and must be available for public inspection within one working day of filing the LCA. Each PAF must include:
A copy of the certified Labor Condition Application (LCA)
Documentation of the wage rate offered to the H-1B worker
Explanation of the system used to determine the wage (e.g., Prevailing Wage memo)
Summary of benefits offered to U.S. workers and H-1B workers
Notice of filing documentation (e.g., physical or electronic postings)
Need a visual breakdown? Check out USCIS’s LCA compliance summary.
Recruitment Documentation (for PERM)
For PERM-based green card sponsorships, recruitment documentation is critical. The audit file must contain:
Copies of all recruitment ads (print and online)
Resumes received and reasons for rejection (if any)
Internal hiring memos or interview logs
Prevailing Wage Determination (PWD) from DOL
The DOL will ask for this documentation to confirm good-faith hiring efforts and to ensure that no U.S. workers were unfairly passed over. The Department of Labor’s PERM FAQ page goes deeper on documentation requirements.
Employer Policies and Internal Records
Startups must also maintain internal documents that reflect compliance with immigration regulations:
Employee offer letters and signed acceptance
Organizational chart showing the sponsored worker’s role
Timekeeping records for hours worked (especially for part-time H-1Bs)
Proof of work location(s), including remote setup if applicable
This internal documentation helps verify that the job duties and conditions listed in the LCA match reality. It’s especially important for startups with dynamic or evolving team structures.
Track LCA Posting and Worksite Notices
You must show proof that the LCA posting requirements were met. This means:
Physical postings at job sites (or)
Digital posting on internal company platforms
Posting duration of at least 10 consecutive business days
A simple screenshot or dated photo can serve as evidence. SHRM outlines proper LCA posting practices that many startups overlook.
Organize Files for Quick Retrieval
If the DOL knocks on your door, you don’t want to spend days tracking down PDFs, emails, and spreadsheets. Use these strategies:
Create a digital folder per employee or per petition
Use naming conventions (e.g., “H1B_JDoe_2024_PAF.pdf”)
Store all documentation in a secure, backed-up system
Periodically audit your own records to ensure completeness
TechBridge clients get access to templated audit file structures and compliance review support.
Let TechBridge Keep You Ready
We help startups, law firms, and tech companies simplify compliance with:
Custom-built audit file templates
Ongoing document reviews
PAF and recruitment checklist support
On-demand consulting for audit prep
Want a Free Audit File Checklist?
Download our PDF guide or book a free 15-minute consult to review your current audit readiness.
