If you’re an H-4 visa holder, you might be frustrated with limited work options and a future that depends on your H-1B spouse’s visa status. Many people in your situation are looking for alternatives. In 2021, nearly 3,000 people worldwide used the EB-5 Immigrant Investor Program to change their visa status.
However, there is a way to gain more control and secure permanent residency in the United States—the EB-5 Immigrant Investor Program. This program offers H-4 visa holders a chance to move from dependence to independence by making an investment that can lead to a green card.
Keep reading and learn how the EB-5 program can help you achieve work freedom, long-term stability, and a brighter future in the U.S. without the restrictions often associated with H-4 status.
Why H-4 Visa Holders Should Consider an EB-5 Visa
If you have an H-4 permit, you might feel restricted because your ability to work and plan for the future depends on your H-1B spouse’s permit. Many people in your situation are looking for other options. This program offers a way to gain more independence and become a permanent resident by making an approved investment in a U.S. business. With this path, H-4 passport holders can have more job opportunities, stability, and control over their futures in the U.S.
Comparing H-4 and EB-5 Visa Cost and Benefits
Here are the essential costs and benefits of the H-4 and EB-5 permits to help you better understand their impact:
Cost Considerations
H-4 Visa Costs: H-4 permit holders must primarily rely on the H-1B permit holder’s status, and costs typically involve extensions, renewals, or EAD (Employment Authorization Document) applications, which may accumulate over time.
EB-5 Visa Costs: The EB-5 program requires a substantial investment of $800,000 (in a Targeted Employment Area) or $1.2 million. This investment must be “at risk” to qualify, but it provides direct access to U.S. permanent residency.
Benefit Comparison
H-4 Visa Benefits: Limited work authorization options, dependent on H-1B spouse’s status; potential for work authorization through an EAD if specific conditions are met.
EB-5 Visa Benefits: Direct pathway to a green card; freedom to live and work anywhere in the U.S.; no dependence on H-1B spouse’s visa status; unrestricted work authorization and enhanced stability for the family.
Understanding H-4 Visa Restrictions
The H-4 visa is designated for immediate family members—spouses and unmarried children under 21—of H-1B visa holders, allowing them to accompany the primary permit holder to the United States. However, H-4 permit holders face certain restrictions:
Eligibility Criteria for H-4 Visa Holders
H-4 visas are issued to spouses and children (under 21 years) of H-1B permit holders. The H-4 status depends entirely on the primary H-1B permit holder’s valid standing. This dependency means any H-1B holder’s status change—such as job loss or status expiration—can directly affect H-4 dependents.
Employment Restrictions
While some H-4 permit holders are eligible to work, this is contingent upon meeting specific conditions, such as their H-1B spouse having an approved I-140. Obtaining an Employment Authorization Document (EAD) enables H-4 spouses to work legally, fostering financial independence and career growth, though this does not change their underlying nonimmigrant status.
Achieving Long-Term Residency through the Investor Visa
The EB-5 Investor Visa provides a pathway to U.S. permanent residency through investment and job creation. By meeting specific criteria, investors and their families gain work freedom, independence, and a route to citizenship. Here’s a quick overview.
Transitioning from H-4 to EB-5
The EB-5 Immigrant Investor Program offers a direct route to U.S. permanent residency, granting H-4 passport holders the ability to secure a green card through investment independently. The transition requires a qualifying investment in a U.S. business that meets strict program criteria, including creating or preserving at least ten full-time jobs.
Key Steps in the EB-5 Process:
Step 1 – Select an EB-5 Project
Choose a direct investment or a regional center project that meets EB-5 requirements.
Step 2 – Invest the Required Capital
Make the necessary investment of $800,000 or $1.2 million, ensuring funds are “at risk.”
Step 3 – File Form I-526
Submit this form to demonstrate that the investment meets program criteria.
Step 4 – Conditional Residency
Upon approval of the I-526 petition, apply for conditional permanent residency.
Step 5 – Fulfill Job Creation Requirements
Ensure your investment results in the required job creation.
Benefits of EB-5 for H-4 Dependents:
Transitioning to EB-5 status allows H-4 passport holders and their families to secure work authorization without restrictions and gain permanent residency, providing stability and flexibility that H-4 status cannot offer. This program empowers dependents to pursue personal and professional aspirations independently of their spouse’s H-1B status.
Make Your Journey to U.S. Residency Easier with Austin EB5
Moving from an H-4 visa to permanent residency through the EB-5 Immigrant Investor Program can feel complicated. Still, it offers valuable opportunities for freedom, work flexibility, and a stable future in the United States. By investing through the EB-5 program, H-4 holders can take control of their future and secure a better life for themselves and their families.
At Austin EB5 Regional Center, we are here to make your journey easier. We connect you to investment opportunities that meet and go beyond the EB-5 program requirements for a permanent visa. This means you can increase your chances of getting approved and achieving your U.S. green card. Let’s work together to build a secure and prosperous future for you and your loved ones in the United States. Contact us today!
H-4 Visa Holders FAQs
What is the EB-5 visa category, and why is it attractive for H-4 permit holders?
The EB-5 permit category is an employment-based lawful permanent residency program that allows foreign nationals to obtain green cards by investing in U.S. businesses. It is desirable for H-4 dependent spouses of H-1B nonimmigrants because it provides a pathway to permanent residency and eventual U.S. citizenship without employer sponsorship.
Who qualifies as certain H-4 dependent spouses under the EB-5 program?
Certain H-4 dependent spouses are married to H-1B nonimmigrants and meet the eligibility requirements set forth by U.S. Citizenship and Immigration Services. This includes having a valid H-4 permit and not exceeding the age of 21 if they have children.
Can H-4 permit holders to apply for employment authorization?
Yes, H-4 dependent spouses of H-1B nonimmigrants can apply for employment authorization by filing Form I-765. This allows them to work legally in the U.S. while they pursue their immigration options, such as the EB-5 permit.
What are the eligibility requirements for the EB-5 visa?
The eligibility requirements for the EB-5 permit include making a minimum investment of $1 million in a new commercial enterprise or $500,000 in a targeted employment area and creating or preserving at least ten full-time jobs for U.S. workers. H-4 permit holders can benefit from this program as they seek pathways to permanent residency.
What documentation is needed for H-4 permit holders to file for the EB-5 visa?
H-4 permit holders must provide documentation such as a copy of the H-1B approval notice (I-797), proof of investment, and evidence of job creation or preservation. This documentation is crucial for the visa interview process.
Can the EB-5 permit help H-4 visa holders transition to permanent residency?
Yes, the EB-5 permit can facilitate the transition of H-4 permit holders to permanent residency. By investing in a U.S. business and meeting the program’s requirements, they can obtain a green card without being tied to an employer.
What is the process for H-4 permit holders to apply for the EB-5 visa?
The process for H-4 permit holders to apply for the EB-5 permit involves conducting thorough research on eligible investments, preparing the necessary documentation, filing Form I-526 to establish eligibility, and attending a visa interview at the U.S. consulate or embassy.
Are there any risks involved with the EB-5 investment process for H-4 permit holders?
Yes, there are risks associated with the EB-5 investment process, including the potential loss of the investment and the uncertainty of meeting the job creation requirements. H-4 permit holders should conduct due diligence and consult legal experts before proceeding.
How does the EB-5 permit impact the ability of H-4 visa holders to work in the U.S.?
The EB-5 permit allows H-4 permit holders to gain permanent residency, which allows them to work without the need for employment authorization. This transition can enhance their job prospects and stability in the U.S.
