elaws - H-1B Advisor

H-1B Advisor

An H-1B employer must retain required records at either its principal place of business in the U.S. or at the place of employment, whichever it designated in section G when the employer filed the labor condition application (LCA).

The specific retention period for H-1B documents is:

a period of one year beyond the last date on which the firm employed any H-1B worker under the LCA, or
if the firm did not employ any H-1B workers under the LCA, one year from the date the LCA expired or the firm withdrew it.

The firm must retain all payroll records for a period of three years from the date(s) of the creation of the record(s).

If an enforcement action is commenced, the firm must retain all records until the enforcement proceeding is completed. 20 C.F.R. §655.731(b)(1).

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H-1B Advisor Glossary of Terms | Wage and Hour Division