H-1B Visas: The Labor Condition Application (LCA)
Looking for A Specific Post? Search Below
Under the Immigration and Nationality Act (INA), H-1B visas can be issued to qualified foreign workers. To be eligible for this type of employment visa, an applicant must work in a specialty occupation and they must be sponsored by a U.S.-based employer.
When employers are seeking to sponsor a worker for an H-1B visa, there are many requirements that must be met. In this post, our dedicated Chicago H-1B visa attorneys highlight one of the most important steps for employers: completing and submitting the labor condition application (ETA Form 9035 & 9035E).
What is the Labor Condition Application?
The Labor Condition Application or LCA is a form that must be completed and submitted by any company that is seeking to employ nonimmigrant foreign workers. If your company wants to sponsor a worker for an H-1B visa, or another similar type of nonimmigrant employment visa, Â then this application form must be sent to and approved by the U.S. Department of Labor (DOL).
Employer Attestations
The primary purpose of the Labor Condition Application is to ensure that U.S.-based companies provide sufficient documentation and information regarding the employment status of nonimmigrant workers. Specifically, the following four basic labor-related conditions must be met:
- Wages & benefits: Employers must attest to the fact that they are paying H-1B visa workers wages & benefits that are at the market rate for similar jobs in the prevailing geographic area.
- Working conditions: Employers must offer H-1B visa workers similar working conditions than those that are being offered to native born employees.
- Labor disputes: Employers must attest to the fact that there is no active labor dispute taking place at the location where they are seeking to hire H-1B workers.
- Adequate notice: American employers must provide notice of the application to any current or prospective workers that have a material relationship to the LCA that is being filed.
Once an LCA is submitted to the U.S. Department of Labor, businesses can typically expect a response within fourteen days. If the LCA is rejected, then the DOL should provide the specific reasons for the rejections. This is important as it gives the employer an opportunity to remedy the problem.
Contact Our Illinois Immigration Lawyers Today
At Kriezelman Burton & Associates, LLC, we help qualified applicants obtain H-1B visas. If you have any questions or concerns about the H-1B visa process, please do not hesitate to contact us today for a confidential case evaluation. With offices in Chicago, Northbrook, and Libertyville, our immigration lawyers serve communities throughout Northern Illinois.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
Schedule A Consultation!
Libertyville
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy