Record Retention

You must retain required records at either your principal place of business in the U.S. or at the place of employment, whichever you designated in Section G when you filed the labor condition application (LCA).

You must retain specific H-1B records for:

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

You 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, you must retain all records until the enforcement proceeding is completed. (See 20 C.F.R. §655 Subpart I)

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