Illinois H-1B Visa Lawyer: Guidance for Illinois Employers and Professionals
Herman Legal Group represents H-1B employers and workers throughout Illinois from its offices in Cleveland and Columbus (Worthington), Ohio. The firm does not have an office in Illinois. Because H-1B petitions are governed by federal law, Herman Legal Group’s attorneys can represent Illinois clients before U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor through phone and video consultations.
What Illinois employers need to get right
Most H-1B problems for multi-site and hybrid employers start with the worksite and wage obligations tied to the Labor Condition Application (LCA). Illinois employers should plan for these rules:
- Wage obligation. The employer must pay the H-1B worker at least the higher of the actual wage paid to similar employees or the prevailing wage for the job and location.
- Nonproductive time. An employer generally must keep paying the required wage when an H-1B worker is not working because of the employer’s decision, such as a lack of assigned work.
- LCA notice. Before filing, the employer must notify workers at each worksite, either by posting a notice in at least two conspicuous locations for 10 business days or by electronic notice.
- Public access file. The employer must keep an LCA public access file available for review.
- Worksite changes. Moving an H-1B worker to a worksite outside the metropolitan area covered by the certified LCA generally requires a new LCA and an amended H-1B petition. Limited short-term placements may be possible without one. A remote worker’s home can count as a worksite.
H-1B services for Illinois clients
- Cap registration and cap petitions for new specialty-occupation hires.
- Cap-exempt petitions for Illinois colleges and universities, their affiliated nonprofits, and nonprofit or governmental research organizations.
- Transfers, extensions, and amendments, including worksite and remote-work changes.
- Compliance reviews of LCA files and wage practices.
- Requests for Evidence and denials. See Herman Legal Group’s guide to USCIS problems, denials, and appeals.
H-1B policy has changed repeatedly in 2025 and 2026. Review Herman Legal Group’s coverage of the court ruling on the $100,000 H-1B fee and the proposal to eliminate the H-1B 60-day grace period. Chicago-area employers and workers can also read Herman Legal Group’s Chicago H-1B page.
Talk with an H-1B attorney
Schedule a consultation with Herman Legal Group by phone or video from anywhere in Illinois.
Herman Legal Group offices
Herman Legal Group serves Illinois clients remotely from its two Ohio offices. Older directory listings that show an Illinois address or a 773 phone number for Herman Legal Group are out of date.
Learn more about founding attorney Richard T. Herman or read Herman Legal Group’s guide to choosing a U.S. immigration lawyer.
Frequently asked questions
Does Herman Legal Group have an office in Illinois?
No. Herman Legal Group’s offices are in Cleveland and Columbus (Worthington), Ohio. The firm represents Illinois clients remotely through phone and video consultations.
Does an H-1B worker who moves to another Illinois city need an amended petition?
It depends on the new worksite. If the new worksite is outside the metropolitan area covered by the certified Labor Condition Application, the employer generally needs a new LCA and an amended H-1B petition. Limited short-term placements may be possible without one.
Are Illinois universities subject to the H-1B cap?
No. Institutions of higher education, their affiliated nonprofit entities, and nonprofit or governmental research organizations are exempt from the annual H-1B cap, so they can file H-1B petitions year-round without the cap selection process.
This page provides general information, not legal advice. Reading it does not create an attorney-client relationship.