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DOL Home > WHD > Fact Sheets > Fact Sheet 62D

Wage and Hour Division (WHD)

(Revised July 2008) (PDF)

Fact Sheet # 62D: What records must be maintained by all H-1B employers?

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.