UNIVERSITY OF WISCONSIN River Falls

International Faculty and Staff Records

 

RDA#/Status

Series Title/ Description

Record Series Year of Creation

Medium for Record Storage

PII

Registry Exempt

Confidential

Essential (Opt.)

Official Record Location

Retention/Disposition/Event

UWHR0700

NEW

 H-lB and E-3 Labor Condition A1rnlications (LCA) Public - Access Files

Employers who sponsor H-1B and E-3 petitions are responsible for preparing the supporting documentation that forms the basis for the Labor Condition Application (LCA). 

The employer must make the documentation available in a public inspection file within one working day after the date of filing the LCA with the Department of Labor (DOL}. Any member of the public may request access to the file. The employer should keep the public access file separate from the H-lB and E-3 personnel file.

Labor condition application {LCA), Form ETA 9035/9035E is a document that a prospective H-lB or E-3 employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years. In this document, the employer attests to standards to which it will adhere. It must be certified by the authorized DOL official pursuant to the provisions of 20 C.F.R. §655.740 before it can be used. Forms/documents associated with these files: Master Public Access file (includes summary of benefits offered), Labor Condition Authorization (LCA) form, Prevailing Wage Determination form (ETA 9141), evidence of department posting requirements of the LCA in addition to postings at any other work locations listed on the LCA, actual wage data comparison form and certification form, certified copy of LCA (ETA 9035E), FLCDataCenter.com printout from website (if applicable), other corresponding wage surveys (if applicable), email communication between department and IFSS regarding the wage, checklist of contents of public access file. 

20 CFR §655.760(a)

-

Paper and electronic format

Yes

Yes

No

-

International Faculty and Staff Services or similar Institutional Department

Retention: EVT+1 Year, EVENT = Last Date that any H-1B or E-3 Nonimmigrant is employed under the Labor Condition Application (LCA)

If No Nonimmigrants were employed under the LCA or One Year from the date the LCA expired or was withdrawn

Disposition: Destroy confidential

UWHR0701

NEW

PERM = Program Electronic Review Management {also - referred to as "labor certification"} PERM applications filed with DOL and all supporting documentation 

  • Prevailing wage determination 
  • Advertising and other recruitment activities 
  • Notice of postings/notices to unions 
  • Recruitment reports 
  • Evidence of resumes received and detailed reasons for rejections 
  • Evidence of business necessity, if applicable 
  • Evidence of attempts to contact applicants 
  • Documentation 

20 CFR §656.lO(f)

-

Paper and electronic format

Yes

Yes

Yes

-

International Faculty and Staff Services or similar Institutional Department

Retention: EVT+5 Years, EVENT = Date of filing

Disposition: Destroy confidential

UWHR0702

NEW

 H-lB1 TN1 E-31 011 and J1 Files (apart from the above LCA, when applicable)

This record series includes but is not limited to: Temporary (Nonimmigrant) Workers (H-1B, TN, E-3 and O1), and Exchange Visitors (J1 research scholars) Forms/documents associated with these files: H-1B, TN, E-3, O1

  • 1-129 petition (if applicable)
  •   Supporting documentation including but not limited to CV, appointment letter, degree, transcript, license, publications, passport, visa stamp, 1-94 card, evidence of other prior statuses (if applicable) 
  • 1-797 receipt/approval notice(s) 
  • Relevant correspondence between IFSS, department, and beneficiary 
  • DS-2019 application 
  • DS-2019 form and supporting documentation, including but not limited to invitation or appointment letter, English proficiency, financial support, CV, passport copies, dependent passports, marriage certificates, birth certificates 
  • Correspondence between IFSS, department, and beneficiary

Confidential under Employee Personnel Records Wis. Stat. § 19.36{10)

-

Paper and electronic format

Yes

Yes

Yes

-

International Faculty and Staff Services or similar Institutional Department

Retention: EVT+3 Years, EVENT = Last date of employment

Disposition: Destroy confidential

UWHR0703

NEW

PR (Permanent Residency) Files (apart from the above PERM files, when applicable)

This record series incloudes, but is not limited to: Permanent (Immigrant) Workers (permanent resident) Forms/documents associated with these files: PR

  • I-140 petition
  • Supporting documentation including but not limited to CV, appointment letter, degree, transcript, license, publications, passport, visa stamp, 1-94 card, evidence of other prior statuses (if applicable), certified LC {if applicable), and ability to pay 
  • Supporting documentation required for the Outstanding Professor and Researcher per USCIS regulations including but not limited to publications, awards, patents, and other such evidence 
  • 1-797 receipt/approval notice(s) 
  • Relevant correspondence between IFSS, department, and beneficiary

Confidential under Employee Personnel Records Wis. Stat. § 19.36(10)

-

Paper and electronic format

Yes

Yes

Yes

-

International Faculty and Staff Services or similar Institutional Department

Retention: EVT+5 Years, EVENT = Date Permanent Residency obtained 

Disposition: Destroy Confidential