3. In Order to Obtain an EB-1, EB-2, or EB-3 Visa, Your Employer can Sponsor You.
An H-4 Visa holder with an EAD can change their status to Employment-based Immigrant Visas such as the EB-1, EB-2, and EB-3. The employer files for a Program Electronic Review Management (PERM) Labor Certification to the Department of Labor (DOL). Form I-140, Immigrant Petition for Alien Worker is submitted to the U.S. Citizenship and Immigration Services (USCIS) to get an employment-based green card. An adjustment of status is then filed to change from H4 to Green Card through employment immigration.
4. Outstanding Academics, Researchers, Managers, and Executives from Multinational Corporations Should Apply for an EB-1 Visa.
The EB-1 Visa is the first preference employment-based immigrant visa. You are eligible for the EB1 Visa if you are a person with extraordinary abilities in arts, science, education, athletics, and business. The EB 1 Visa is also applicable to outstanding professors and researchers, and multinational managers or executives of a company with a U.S. office. The EB-1 Visa petitioned by your employer on your behalf to transition from H-4 to Green Card. A Program Electronic Review Management (PERM) Labor Certification is filed first to show that a qualified American is not available for your job position. Filing Form I-140, Immigrant Petition for Alien Worker grants you an EB1 Green Card.
5. Advanced Degrees and Exceptional Skill in their Fields are Requirements for the EB-2.
The EB-2 Visa is the second preference employment-based immigrant visa. You are qualified for an EB2 Visa if you hold an advanced degree (EB2A), have an exceptional ability in arts, sciences, or business (EB2B), or have a National Interest Waiver (EB2C). The EB2 Visa is petitioned by your sponsoring employer. Applying for a PERM Labor Certification is the first step to going from H4 to Green Card with an EB-2 Visa. Form I-140 and adjustment of status can be filed immediately after PERM Labor Certification as long as the priority date for your country is current.
6. Those with a Bachelor’s Degree, Skilled Laborers, and Other Workers Fall Under the EB-3 Category.
The EB-3 Visa is the third preference employment-based immigrant visa. You can apply for EB3 Visa to change from H4 to Green Card if you are a skilled worker, professional, or unskilled worker. Skilled workers have completed at least two years of job experience or training in their relevant field. Professionals have higher education degrees such as bachelor’s, master’s, or doctorate degrees. Unskilled workers are those with less than 2 years of work experience. The PERM Labor Certification needs to be secured by your employer prior to filing Form I-140. An adjustment of status is then filed immediately or concurrently with Form I-140 provided there is no backlog in the visa application for your country.
7. The EB-1A or EB-2 Green Card with a National Interest Waiver may also be Used to Self-petition.
The National Interest Waiver allows applicants for EB-1 A (person with extraordinary ability) and EB-2 Visas to self-petition for a Green Card without employer sponsorship and PERM Labor Certification. The following must be met to qualify for a National Interest Waiver.
- Your proposed endeavor has substantial merit and national importance.
- You are qualified to advance the proposed endeavor.
- Your proposed endeavor and qualifications are beneficial to the United States and justify the waiving of the PERM Labor Certification.
You can petition yourself for an EB1A or EB2 Visa with Form I-140 then adjust your status to change from H4 to Green Card.
8. The EB-5 Visa Allows for U.S. Permanent Residence Through Investment.
The EB-5 Visa is the fifth preference employment-based immigrant visa. The EB5 Visa grants you a Green Card from H-4 Visa without the need for an employer or family sponsorship. A minimum investment that creates at least 10 full-time jobs for American citizens is needed to qualify for an EB 5 Visa from H-4 Visa.
An EB-5 petition starts with filing Form I-526, Immigrant Petition by Alien Investor to the U.S. Citizenship and Immigration Services (USCIS). Filing Form I-485, Application to Register Permanent Residence or Adjust Status issues a Green Card for the H4 Visa holder.
How Long Does the H-4 Visa to Green Card Take to Process?
The process of going from H4 Visa to Green Card is between 18 and 30 months. The exact processing time depends on the method of your application and the service center where you petitioned and applied for. The H4 to Green Card process is longer for applicants from India and China who are experiencing more than 10 years of backlog in the application.
When can You Apply for Green Card After H-4?
You can apply for your Green Card from H-4 through employment-based immigration after getting a PERM Labor Certification. Form I-140 and adjustment of status can be filed concurrently for countries with current priority dates. Getting PERM Labor Certification and Form I-140 takes around 18 months or more.
H4 to Green Card application through marriage and family-based immigration begins as soon as the I-130 petition is approved. The EB-5 Visa application from H4 is done after the approval of Form I-526.
How Many Green Cards are Available?
About 1 million Green Cards are approved each year for immigrants in the United States according to Migration Policy Institute. Around 50% of the Green Cards issued are given to applicants who are already in the U.S. and are adjusting their status. The rest is given to applicants sponsored by relatives or employers who are outside the US.
What are the Benefits of Obtaining a Green Card from H-4 Visa?
These are the benefits of obtaining a Green Card from H-4 Visa.
- Work without restrictions. There is no need for employer sponsorship or EAD to work in the U.S. as a Green Card holder.
- Reside and travel anywhere in the United States. You can travel in and out of the U.S. freely as a permanent resident as long as you return to the U.S. within a year. You don’t need to check in with civil or state government agencies when traveling across U.S. state borders as a Green Card holder.
- Get federal benefits. You can get social security and education assistance as a permanent resident in the US. You are eligible for in-state or resident tuition rates at specific colleges and universities in the US with a Green Card.
What is the H-4 Visa?
The H-4 Visa is a nonimmigrant temporary visa for dependent spouses and unmarried children under 21 of H Visa holders in the United States. H Visas include H-1B (specialty workers with bachelor’s degrees), H-2A (temporary agricultural workers), H-2B (temporary nonagricultural workers), and H-3 (nonimmigrant trainees other than medical or academic). The H4 Visa is commonly granted to dependents of H1B Visa holders. H2A or H2B Visa holders rarely bring their dependents to the U.S. because visa adjudicators see dependents as a sign of overstaying these short-term visas.
The H-4 Visa has a provision for dual intent. Dual intent means that a nonimmigrant can go from H4 Visa to Green Card without affecting their H-4 status. A Green Card is a document issued to immigrants allowed to have permanent residence in the United States.
How Does the H-4 Visa Work?
The H4 Visa holder can only enter the United States at the time of approval of the primary H Visa. The H-4 Visa validity is directly tied to the status of the H Visa holder. The validity of H Visas is between 2-3 years. An H-1B Visa is valid for an initial period of 3 years and can be extended once for 3 more years. Dependents outside the U.S. can apply online for an H-4 Visa through consulate processing. Dependents within the U.S. can file for a change of status from another nonimmigrant visa to H4 Visa provided that they have maintained their valid nonimmigrant status.
H-4 dependents of H-2A, H-2B, and H-3 Visa holders are not allowed to work in the United States. Dependents of H1B Visa on H4 status can work in the U.S. after getting an Employment Authorization Document (EAD). The H-4 Visa Employment Authorization Document (EAD) is only allowed for dependents of H-1B Visa holders applying for a U.S. Green Card. The H4 Visa EAD allows the dependent to work without the need for employer sponsorship.
