We wanted to let you know that we’ve made significant changes to our Public Access File (PAF) process. Previously, you were asked to download the PAF, sign certain pages, and then scan and upload the PAF back to the platform. We understand that this process was complicated, time-consuming and created a clunky user experience, so we decided to update it to make it easier for you to complete PAFs. Introducing the digitalPAF!
The Importance of PAFs
Maintaining PAFs is an integral part of complying with the Department of Labor (“DOL”) regulations.
The PAF proves that you are complying with labor wage rules and will protect your company in the event of a Department of Labor audit. USCIS has announced an increased number of in person audits for 2017, so we recommend completing the PAFs as soon as possible. For more information on the purpose of DOL audits and penalties for non compliance, please see this article published by USCIS.
What's Changed?
After extensive research, we’ve removed the signatures requirements from the PAF. The PAF will include the signed certified Labor Condition Application (“LCA”) enclosed in the nonimmigrant petition. We will also be automatically providing a copy of the signed certified LCA to international employees the day before their start date, amendment date, extension date, or the LCA start date, whichever comes earliest. It is required by law that an international employee receives a copy of the LCA before or on the date they start employment with a company. We take this responsibility off your plate to alleviate any worry if you are in compliance or not.
How Do I Complete the PAF Now?
When the PAF is ready to be reviewed, you will receive an email notification with the link to the PAF task. Carefully review the PAF and then if everything is in good order, complete the task. And then you’re done!
No more printing, signing, and uploading documents.
What’s Next?
We have been working on a compliance dashboard and we hope to make it available to you soon. You will be able to view and access initial and completed PAFs right from your dashboard. For each employee, you’ll be able to see when their LCA expires and if they’ve received a copy of the LCA. In the event of an audit, you’ll be able to easily print all PAFs from this compliance page. In addition these PAFs will automatically be purged when your company no longer needs to keep them, further reducing any compliance risk.
We hope that these changes will make it even faster and easier for you to complete the PAF and maintain immigration compliance.
Disclaimer: Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.
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