Document employment based non-immigrant visa and supporting material and necessary supporting documentation related to H-1B, H-1B1 and E-3 visa categories

These records found in all media (paper, digital, or other) must include:

• a copy of the certified labor condition application (Form ETA 9035E or Form ETA 9035) and cover pages (Form ETA 9035CP) or a printout of the certified application signed by the employer if the ETA 9035E is submitted electronically
• documentation which provides the wage rate to be paid the H-1B nonimmigrant;
• a "full, clear explanation of the system that the employer used to set the “actual wage” the employer has paid or will pay workers in the occupation for which the H-1B nonimmigrant is sought, including any periodic increases which the system may provide—e.g., memorandum summarizing the system or a copy of the employer's pay system or scale (payroll records are not required, although they shall be made available to the Department in an enforcement action)";
• a "copy of the documentation the employer used to establish the “prevailing wage” for the occupation for which the H-1B nonimmigrant is sought (a general description of the source and methodology is all that is required to be made available for public examination; the underlying individual wage data relied upon to determine the prevailing wage is not a public record, although it shall be made available to the Department [of Labor] in an enforcement action)";
• a copy of the document(s) with which the employer has satisfied any notification requirements described in 20 CFR 655.734;
• a "summary of the benefits offered to U.S. workers in the same occupational classifications as H-1B nonimmigrants, a statement as to how any differentiation in benefits is made where not all employees are offered or receive the same benefits (such summary need not include proprietary information such as the costs of the benefits to the employer, or the details of stock options or incentive distributions), and/or, where applicable, a statement that some/all H-1B nonimmigrants are receiving “home country” benefits" as detailed in 20 CFR 655.731(c)(3).

May also include:

• copies of documentation provided by applicant;
• UO forms and form data;
• related documentation.