If you’re currently on an H4 visa and dreaming of becoming a permanent resident in the United States, then the path to a green card may be open to you. The green card, also known as a Permanent Resident Card, grants you the legal right to live and work in the U.S. permanently. It’s a coveted status that offers numerous benefits and opportunities.
The process of transitioning from an H4 visa holder to a green card holder can be complex and time-consuming, but it’s definitely worth the effort. To be eligible for a green card, you must meet certain requirements. For example, you must have a qualifying family relationship or employment offer. Additionally, you must demonstrate that you meet the necessary criteria such as good moral character and physical presence in the U.S.
One of the main benefits of obtaining a green card is the freedom it gives you to live and work in the U.S. without any time restrictions. Unlike the H4 visa, which is tied to your spouse’s H1B visa status, a green card allows you to pursue any employment or educational opportunities of your choice. Moreover, it provides you with greater stability and security, as you no longer have to worry about visa renewals or potential changes in immigration policies.
H4 Visa to Green Card: Requirements, Process, and Benefits
If you are an H4 visa holder and wish to obtain a green card in the United States, there are certain requirements and a specific process that you need to follow. By transitioning from an H4 visa to a green card, you can enjoy several benefits and opportunities.
Requirements:
1. Eligible Family Relationship: To apply for a green card as an H4 visa holder, you must have a qualifying family relationship with the primary H1B visa holder. This typically includes being the spouse or child under 21 years old of the H1B visa holder.
2. Priority Date: The priority date is an important factor in the green card application process. Depending on the category you fall under, the priority date determines when you can begin the green card application process.
3. Job Offer: In some cases, having a job offer from a U.S. employer can increase your chances of obtaining a green card. This job offer must be for a position that requires an individual with your skills and qualifications.
4. Eligible Green Card Category: There are various green card categories available, such as employment-based, family-based, or special immigrant categories. You’ll need to determine which category you qualify for and apply accordingly.
Process:
1. Determine Eligibility: Review the requirements and determine if you meet the necessary criteria to apply for a green card.
2. File Form I-485: This is the application to register for permanent residence or adjust your status. Include all required documentation and fees when submitting this form.
3. Attend Biometrics Appointment: After filing Form I-485, you may be required to appear for a biometrics appointment to provide your fingerprints, photo, and signature.
4. Attend Green Card Interview: In some cases, you may need to attend an interview to discuss your application and answer any questions the USCIS officer may have.
5. Wait for Decision: After completing the necessary steps, you must wait for a decision on your green card application. This can take several months or longer.
Benefits:
1. Work Authorization: By obtaining a green card, you can legally work in the United States without any restrictions.
2. Permanent Residence: A green card grants you permanent resident status, allowing you to live and reside in the U.S. indefinitely.
3. Social Security Benefits: As a green card holder, you may be eligible for certain social security benefits, such as retirement benefits and Medicare.
4. Education Opportunities: Green card holders have access to a wide range of educational opportunities, including attending U.S. colleges and universities at in-state tuition rates.
5. Path to Citizenship: A green card is the first step towards becoming a U.S. citizen. After a certain period of time as a green card holder, you may have the option to apply for naturalization.
Transitioning from an H4 visa to a green card opens up a world of possibilities and provides greater security and stability for you and your family in the United States.
H4 Visa Overview
The H4 visa is a nonimmigrant visa that allows the immediate family members of H1B visa holders to live and work in the United States. It is specifically designed for dependents of H1B visa holders, such as their spouse and unmarried children under the age of 21.
As an H4 visa holder, you are not eligible to work in the United States unless you obtain an employment authorization document (EAD). To apply for an EAD, you must meet certain eligibility criteria and file Form I-765 with the U.S. Citizenship and Immigration Services (USCIS).
In addition to the EAD, H4 visa holders have certain other benefits. They are allowed to study in the United States at a school or university, obtain a driver’s license, and open a bank account. However, they are not eligible to apply for a Social Security number.
It’s important to note that the H4 visa is not a pathway to a green card. If you want to obtain a green card and become a permanent resident of the United States, you will need to explore other options, such as employment-based sponsorship or family sponsorship.
Requirements for H4 Visa
To be eligible for an H4 visa, you must be the spouse or unmarried child under 21 years old of an H1B visa holder. You will need to provide proof of your relationship to the primary H1B visa holder, such as a marriage certificate or birth certificate.
In addition, you must show that you and the primary H1B visa holder maintain a bona fide marital relationship and intend to live together in the United States. This can be demonstrated through joint lease or mortgage agreements, joint bank accounts, or shared financial responsibilities.
Process of Obtaining an H4 Visa
To obtain an H4 visa, you will need to complete several steps. First, the primary H1B visa holder must file a Form I-129, Petition for a Nonimmigrant Worker, with the USCIS to request the H4 visa for their dependents.
Once the petition is approved, you will need to schedule a visa interview at the U.S. embassy or consulate in your home country. During the interview, you will need to provide supporting documents, such as a valid passport, completed visa application forms, and proof of your relationship to the primary H1B visa holder.
If your visa application is approved, you will receive an H4 visa stamp in your passport. Upon arrival in the United States, you will be admitted as an H4 visa holder and granted a period of stay that matches the validity of the primary H1B visa holder’s status.
It’s important to note that the H4 visa is tied to the primary H1B visa holder’s status. If the primary H1B visa holder’s status is terminated, the H4 visa holder’s status will also be terminated.
Conclusion
The H4 visa allows the immediate family members of H1B visa holders to join them in the United States. While it does not provide a pathway to a green card, it allows dependents to live, study, and accompany their primary H1B visa holders. If you are eligible, you can apply for an H4 visa by following the necessary steps and submitting the required documents.
H4 to Green Card: General Process
The process of transitioning from an H4 visa to a green card can be complex and time-consuming. It involves several steps and requirements that need to be met. However, obtaining a green card can provide numerous benefits and opportunities for individuals on H4 visas.
Step 1: Determine Eligibility
The first step in the H4 to green card process is determining whether you are eligible for a green card. Eligibility criteria can vary depending on the specific category of green card you are applying for. Some common categories include employment-based, family-based, and humanitarian-based green cards.
Step 2: File a Petition
Once eligibility is established, the next step is to file a petition for a green card. The specific form that needs to be filed will depend on the category of green card you are applying for. For employment-based green cards, the petition is typically filed by the employer sponsoring the individual. For family-based green cards, the petition is filed by the family member who is a U.S. citizen or permanent resident.
Step 3: Wait for Processing
After the petition is filed, there is typically a waiting period for processing. The length of this waiting period can vary depending on factors such as visa availability, the backlog of applications, and any additional documentation or requirements that need to be fulfilled.
Step 4: Attend Interviews and Provide Documentation
During the green card application process, it is common for individuals to be required to attend interviews and provide additional documentation. These interviews are typically conducted by U.S. Citizenship and Immigration Services (USCIS) officials to verify the information provided in the application and assess the eligibility of the applicant.
Step 5: Receive a Decision
After all the necessary documentation has been provided and interviews have been conducted, the USCIS will review the application and make a decision on whether to approve or deny the green card application. If approved, the individual will receive their green card.
Obtaining a green card through the H4 to Green Card process can open up numerous opportunities and benefits, including the ability to live and work permanently in the United States, access to social benefits, and the potential to eventually apply for U.S. citizenship.
| Benefits of a Green Card |
|---|
| Ability to live and work permanently in the United States |
| Access to social benefits |
| Potential to apply for U.S. citizenship |
Employment-Based Green Card Process
The green card process for H4 visa holders is an option available for individuals who are on an H4 dependent visa and wish to obtain permanent residency in the United States. The process involves several steps and requirements that need to be fulfilled before an individual can obtain a green card.
Here is an overview of the employment-based green card process:
- Determine eligibility: The first step is to determine if you are eligible for an employment-based green card. This can include having a job offer from a U.S. employer, possessing specialized skills, or meeting the requirements of a specific employment-based category.
- File a labor certification: If required, your employer will need to file a labor certification with the U.S. Department of Labor. This certification verifies that there are no qualified U.S. workers available for the position and that hiring a non-U.S. worker will not negatively impact the wages and working conditions of U.S. workers.
- Submit an immigrant petition: Once the labor certification is approved, your employer will need to file an immigrant petition on your behalf. This petition is filed with U.S. Citizenship and Immigration Services (USCIS) and serves to establish that you meet the requirements for the specific employment-based category.
- Wait for a visa number: After the immigrant petition is approved, you will need to wait for an available visa number. The availability of visa numbers depends on the category and preference level of your employment-based green card.
- Adjustment of Status or Consular Processing: Once a visa number becomes available, you can either file an Adjustment of Status application if you are already in the United States, or go through Consular Processing if you are outside the United States. This step involves submitting additional forms, supporting documents, and attending an interview.
- Receive a green card: If your Adjustment of Status application or Consular Processing is approved, you will receive your employment-based green card. This grants you permanent residency in the United States, allowing you to live and work in the country on a long-term basis.
The employment-based green card process can be complex and time-consuming. It is highly recommended to seek the guidance of an immigration attorney or authorized representative to ensure that all the requirements are met and the process is completed successfully.
Family-Based Green Card Process
The family-based green card process provides a way for U.S. citizens and permanent residents to sponsor their family members for permanent residency in the United States. This is an important avenue for family reunification and allows eligible individuals to live and work in the U.S. on a permanent basis.
Sponsorship Requirements
To sponsor a family member for a green card, the petitioner must be a U.S. citizen or a lawful permanent resident. The relationship between the petitioner and the beneficiary must fall into one of the eligible categories, such as immediate relatives (spouse, parent, or unmarried child under 21 years old of a U.S. citizen), or family preference categories (unmarried adult children, married children, siblings, etc.).
The Application Process
The family-based green card process involves several steps. The petitioner must file a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the beneficiary may need to wait for a visa to become available, depending on the family preference category.
After a visa becomes available, the beneficiary will need to apply for an immigrant visa or adjust their status if they are already in the U.S. This requires the submission of additional forms and supporting documents, as well as attending an interview with a consular officer or USCIS.
If approved, the beneficiary will receive their green card and become a lawful permanent resident of the United States. They will have the right to live and work in the U.S. indefinitely, as well as access most of the benefits and protections available to U.S. citizens.
Benefits of Family-Based Green Card
Obtaining a family-based green card offers numerous benefits. It allows individuals to reunite with their family members and build a life together in the U.S. It also provides the opportunity to work in the U.S. legally and travel freely in and out of the country. Green card holders are also eligible for certain government benefits, such as Social Security and Medicare, and can eventually apply for U.S. citizenship if they meet the requirements.
Overall, the family-based green card process is a valuable pathway for families to come together and establish themselves in the United States. It fosters family unity and provides the opportunity for a better life in the U.S.
EB1 Green Card: Extraordinary Ability
The EB1 Green Card is a category of employment-based green cards that is reserved for individuals with extraordinary ability in the fields of science, arts, education, business, or athletics. This category is specifically designed for individuals who have achieved exceptional accomplishments and recognition in their respective fields.
To qualify for an EB1 Green Card based on extraordinary ability, an individual must demonstrate sustained national or international acclaim and recognition for their achievements. They must provide evidence of their extraordinary ability through documentation such as major international awards, membership in prestigious organizations, or published work of significant importance in their field.
Requirements for EB1 Green Card based on Extraordinary Ability:
1. Extraordinary Ability: The applicant must provide evidence of extraordinary ability in their field. This can be demonstrated through receipt of a major internationally recognized award or by meeting at least three of the following criteria:
- Receipt of lesser nationally or internationally recognized awards
- Membership in associations in the field which require outstanding achievements
- Published material about the applicant in professional or major trade publications or other major media
- Participation as a judge of the work of others
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
- Authorship of scholarly articles in the field
- High salary or remuneration in relation to others in the field
- Commercial success in the performing arts
- Other comparable evidence of extraordinary ability
2. Job Offer: The applicant must have a job offer from a U.S. employer for work in their field of extraordinary ability.
3. Demonstrated Benefit to the U.S.: The applicant must show that their presence in the United States will be of substantial benefit to the nation. This can be demonstrated through evidence of past or prospective contributions in their field.
The EB1 Green Card based on extraordinary ability is highly sought after due to its many benefits. It does not require labor certification, which means that the applicant does not need to go through the lengthy and uncertain PERM labor certification process. Additionally, individuals with an EB1 Green Card can enjoy priority in the visa queue, allowing them to obtain permanent residency more quickly than other employment-based categories.
Note: The application process for an EB1 Green Card is complex and requires careful attention to detail. It is recommended to consult with an immigration attorney or specialist to ensure that all requirements are met and the application is submitted correctly.
EB2 Green Card: Advanced Degree or Exceptional Ability
The EB2 green card category is intended for individuals who possess either an advanced degree or exceptional ability in their field. This category is part of the employment-based immigration process and offers a path to a green card for individuals who meet the specific criteria.
One way to qualify for an EB2 green card is by having an advanced degree. This includes individuals who have obtained a master’s degree or higher in their chosen field. The degree must be from an accredited institution and the applicant must be able to demonstrate that their education is relevant to the work they will be doing in the United States.
Another way to qualify for an EB2 green card is through exceptional ability. This category is for individuals who have exceptional skill and expertise in their field, which has been recognized by their peers or professional organizations. The applicant must show evidence of their exceptional ability, such as receiving awards, memberships in professional associations, or publications in their field.
One significant advantage of obtaining an EB2 green card is the ability to work and live permanently in the United States. Green card holders have more flexibility in their employment options, as they are not tied to a specific employer like H-1B visa holders. They also have the opportunity to apply for U.S. citizenship after a certain period of time.
Overall, the EB2 green card category provides a pathway for individuals with advanced degrees or exceptional ability to obtain permanent residency in the United States. It offers various benefits and opportunities for individuals seeking to further their careers and build a life in the U.S.
EB3 Green Card: Skilled Workers and Professionals
The EB3 Green Card category is designed for skilled workers and professionals who wish to immigrate to the United States. This category is a popular option for individuals who have a specific skill set and want to pursue employment opportunities in the U.S.
To be eligible for an EB3 Green Card, individuals must meet certain requirements. First, they must have a job offer from a U.S. employer who is willing to sponsor their immigration application. The employer must show that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not negatively affect the wages and working conditions of U.S. workers.
Skilled workers who qualify for the EB3 Green Card category must have at least two years of experience in their field and a job offer that requires their skills. These skills can be attained through formal education, training, and work experience. Professionals, on the other hand, must have a bachelor’s degree or its equivalent in the specific occupation they wish to pursue in the U.S.
An important aspect of the EB3 Green Card category is the Labor Certification process. This process requires the employer to demonstrate that there are no qualified U.S. workers available for the position by conducting a recruitment campaign. The employer must also show that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar positions.
Once the Labor Certification process is completed, the employer can proceed with filing an Immigrant Petition for Alien Worker (Form I-140) on behalf of the foreign worker. If the petition is approved, the foreign worker can then apply for an immigrant visa through consular processing or adjust their status to that of a permanent resident if they are already in the United States.
Obtaining an EB3 Green Card has several benefits. It allows individuals to live and work permanently in the United States and provides them with a path to citizenship. Green Card holders are also eligible for certain government benefits, such as access to public education and healthcare. Additionally, having a Green Card can open up more job opportunities and provide individuals with a sense of security and stability.
In conclusion, the EB3 Green Card category is an attractive option for skilled workers and professionals who want to immigrate to the United States. It provides a pathway to permanent residency and offers various benefits for individuals and their families.
EB4 Green Card: Special Immigrants
The EB4 Green Card is a category of employment-based immigration that is specifically designed for special immigrants. Special immigrants include individuals who fall into specific categories and have unique qualifications or circumstances that make them eligible for a green card.
Special immigrants who qualify for the EB4 Green Card include:
| Category | Description |
|---|---|
| Religious Workers | Individuals who are coming to the United States to work in a religious capacity, such as ministers, priests, rabbis, or other religious professionals. |
| Broadcasters | Individuals who are coming to the United States to work as broadcasters, such as journalists, reporters, or news anchors. |
| Iraqi/Afghan Translators and Interpreters | Individuals who have worked as translators or interpreters for the United States government in Iraq or Afghanistan and have provided valuable services to the U.S. military. |
| Armed Forces Members | Individuals who have served in the U.S. armed forces and have been honorably discharged. This category also includes retired personnel. |
| Panama Canal Zone Employees | Individuals who have worked in the Panama Canal Zone and meet certain eligibility requirements. |
| International Organization Employees | Individuals who are coming to the United States to work for specific international organizations, such as the United Nations, World Bank, or International Monetary Fund. |
| Physicians | Foreign medical graduates who are coming to the United States to work as physicians in underserved areas or areas with a shortage of qualified medical professionals. |
| Afghan/Iraqi Natives | Individuals who are natives of Afghanistan or Iraq and have provided valuable services to the United States government in their respective countries. |
Each category has its own set of specific requirements and qualifications that must be met in order to be eligible for the EB4 Green Card. It is important to thoroughly research and understand the requirements for your specific category before beginning the application process.
Obtaining an EB4 Green Card can provide numerous benefits, including the ability to live and work permanently in the United States, access to certain government benefits and programs, and a pathway to U.S. citizenship.
If you believe that you may qualify for the EB4 Green Card as a special immigrant, consult with an immigration attorney or seek guidance from United States Citizenship and Immigration Services (USCIS) to better understand your options and the application process.
EB5 Green Card: Immigrant Investors
The EB5 Green Card program offers a path to lawful permanent residency for foreign investors who make a significant investment in a new commercial enterprise in the United States. This program is designed to stimulate the U.S. economy through job creation and capital investment.
To be eligible for the EB5 Green Card, investors must meet certain requirements. They must invest at least $1.8 million in a new commercial enterprise, or $900,000 if the investment is made in a targeted employment area. The investment must also create at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
Once the investment is made and the job creation requirement is met, the investor can apply for the EB5 Green Card. This application includes submitting Form I-526, along with supporting documentation that proves the investment was made and the job creation requirement was fulfilled.
If the EB5 Green Card application is approved, the investor and their immediate family members will be granted conditional permanent residency in the United States. This conditional green card is valid for two years. Within the 90-day period before the card expires, the investor must apply to have the conditions removed and obtain a permanent green card.
The EB5 Green Card provides numerous benefits to immigrant investors. It offers a pathway to permanent residency in the United States, allowing investors and their families to live, work, and study in the country without any immigration restrictions. It also enables investors to enjoy the same rights and privileges as U.S. citizens, including access to education, healthcare, and social services.
Additionally, the EB5 Green Card can lead to U.S. citizenship. After maintaining lawful permanent residency for a specified period of time, typically five years, investors can apply for naturalization and become U.S. citizens if they meet all the eligibility requirements.
Overall, the EB5 Green Card is a valuable opportunity for immigrant investors who wish to obtain permanent residency in the United States. By making a significant investment and creating jobs, investors can not only contribute to the U.S. economy but also secure a bright future for themselves and their families.
Diversity Visa Lottery
The Diversity Visa Lottery, also known as the Green Card Lottery, is a program that provides a pathway for individuals from countries with low rates of immigration to the United States to apply for a green card. This program aims to promote diversity and increase the number of immigrants from underrepresented countries.
Each year, the U.S. Department of State conducts the Diversity Visa Lottery program. The program allots a certain number of green cards to be distributed among six geographic regions, with a maximum number of green cards per country within each region. This ensures that no country receives more than 7% of the total available green cards.
In order to participate in the Diversity Visa Lottery, applicants must meet certain eligibility requirements. They must be from an eligible country, which can change from year to year depending on immigration rates. They must also have at least a high school education or its equivalent. Additionally, applicants must meet the strict requirements of character and health outlined by the U.S. immigration laws.
The application process for the Diversity Visa Lottery involves submitting an online entry during the specified registration period. The Department of State will then randomly select individuals from among the qualified entries. If selected, the entrants will be notified and given further instructions on how to proceed with their green card application.
The Diversity Visa Lottery program offers several benefits to its winners. Unlike other immigration pathways, the lottery winners do not require sponsorship from a family member or employer. They can apply for a green card directly, allowing them to live and work permanently in the United States. This program provides an opportunity for individuals to fulfill their dreams of moving to the United States and becoming permanent residents.
However, it is important to note that winning the Diversity Visa Lottery is not a guarantee of a green card. With a limited number of green cards available each year and a large number of applicants, the chances of winning can be slim. Nevertheless, for those who are selected, the Diversity Visa Lottery offers a unique opportunity to obtain a green card and pursue a new life in the United States.
Adjustment of Status vs Consular Processing
When it comes to transitioning from an H4 visa to a Green Card, individuals have two options: adjustment of status and consular processing. Understanding the differences between these two processes is important in determining the best approach for obtaining a Green Card.
Adjustment of Status
Adjustment of status is the process of applying for permanent residency from within the United States. This option is available to individuals who are already in the country on a nonimmigrant visa, such as the H4 visa. To be eligible for adjustment of status, the applicant must meet certain requirements, including having a qualifying family relationship or employer sponsorship.
The main benefit of adjustment of status is that the individual can remain in the United States while the application is being processed. This allows them to continue living and working in the country without the need for a separate visa. Additionally, adjustment of status generally has a faster processing time compared to consular processing.
Consular Processing
Consular processing, on the other hand, is the process of applying for a Green Card through a U.S. embassy or consulate in the applicant’s home country. This option is typically chosen by individuals who are outside of the United States or are ineligible for adjustment of status.
With consular processing, the individual must attend an interview at the embassy or consulate in their home country. If approved, they will receive an immigrant visa, which allows them to enter the United States as a permanent resident. However, consular processing requires the applicant to leave the United States and wait outside the country while the application is being processed.
One benefit of consular processing is that it does not require the applicant to maintain a nonimmigrant status within the United States. This means that individuals who have overstayed their nonimmigrant visa or are otherwise out of status may still be eligible for consular processing.
Ultimately, the choice between adjustment of status and consular processing depends on individual circumstances and preferences. It is important to consult with an immigration attorney to understand the specific requirements and implications of each option before making a decision.
Priority Dates and Visa Bulletins
Priority dates play a crucial role in the process of obtaining a green card as an H4 visa holder. The green card application process involves several steps, and one of them is the determination of the priority date.
The priority date is the date on which the H4 visa holder files an immigrant petition to obtain a green card. It is essential because it determines the order in which green cards are issued to applicants.
The visa bulletin is a monthly publication released by the U.S. Department of State that provides information on the availability of immigrant visa numbers. It includes a chart that shows the cutoff dates for each category of applicants.
Each month, the Visa Bulletin is updated, and it shows whether a green card is immediately available for applicants with a particular priority date. If the priority date is current, it means that the applicant can proceed with the next steps of the green card process.
However, if the priority date is not current, the applicant will have to wait until their priority date becomes current before they can move forward with their green card application.
The determination of priority dates and the allocation of immigrant visas are based on a complex system that takes into account various factors, including the person’s country of birth, the category of their green card application, and the demand for visas in that category.
It is important for H4 visa holders to stay updated on the visa bulletin and check their priority date regularly. This will help them understand where they stand in the queue and plan their next steps accordingly.
In conclusion, priority dates and visa bulletins play a significant role in the green card process for H4 visa holders. Staying aware of these dates and understanding the visa bulletin is essential for a successful green card application.
PERM Labor Certification Process
The PERM Labor Certification Process is a crucial step in acquiring a green card for individuals on an H4 visa. It is the first step towards obtaining employment-based permanent residency in the United States. The process involves a rigorous set of requirements and documentation that must be adhered to.
Here is a breakdown of the PERM Labor Certification Process:
- Job Offer: The applicant must have a valid job offer from a U.S. employer who is willing to sponsor their green card application.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the Department of Labor (DOL) to ensure that the offered wages meet the minimum requirements.
- Recruitment: The employer must conduct a recruitment process to test the job market and prove that there are no qualified U.S. workers available for the position. This includes advertising the job opening, interviewing eligible candidates, and documenting the recruitment efforts.
- PERM Application: Once the recruitment process is completed, the employer must file a PERM application with the DOL. This application includes various forms, supporting documents, and a detailed job description.
- Labor Certification: The DOL thoroughly reviews the PERM application to ensure that all requirements have been met. If approved, the employer will receive a labor certification, which serves as proof that there is no adverse effect on the U.S. job market by hiring a foreign worker.
- Filing Form I-140: With the labor certification in hand, the employer can then file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Adjustment of Status: Once the Form I-140 is approved, the applicant can apply for adjustment of status to obtain a green card. This process includes completing Form I-485 and attending an interview with USCIS.
The PERM Labor Certification Process can be complex and time-consuming. However, it is an essential step towards obtaining permanent residency and enjoying the benefits of a green card, such as the ability to work and live permanently in the United States.
National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a provision that allows certain H4 visa holders to apply for a Green Card without the need for a job offer or a labor certification. This means that individuals with exceptional abilities or skills in a field of national significance can be granted permanent residency based on their contributions to the national interest.
To be eligible for the NIW, applicants must meet specific requirements. They must demonstrate that their contributions are in an area of substantial merit and national importance. This can include fields such as science, technology, engineering, or mathematics (STEM), as well as other areas that have a direct impact on the US economy, healthcare system, or national security.
In addition to demonstrating the significance of their work, applicants must also show that they are well-positioned to continue their work in the United States. This can be done by providing evidence of their past achievements, publications, awards, and recognition in their field. Applicants must also demonstrate that it would be in the national interest to waive the labor certification requirement.
The process of obtaining a National Interest Waiver begins with filing an I-140 petition with the United States Citizenship and Immigration Services (USCIS). This petition should include evidence of the applicant’s qualifications, achievements, and the impact of their work in their field. If the petition is approved, the applicant can then file an application for adjustment of status (Form I-485) to obtain a Green Card.
The National Interest Waiver provides several benefits to H4 visa holders. By obtaining a Green Card, individuals can enjoy greater stability and security in their immigration status. They can live and work permanently in the United States and have the freedom to pursue their careers without the limitations of a temporary visa. Green Card holders also have access to certain rights and benefits, including the ability to sponsor family members for immigration and travel in and out of the country more freely.
In conclusion, the National Interest Waiver offers a pathway for H4 visa holders with exceptional abilities to obtain a Green Card and permanent residency in the United States. By demonstrating their contributions in an area of national importance, these individuals can benefit from greater stability, freedom, and opportunities for their future in the country.
EB-2 vs EB-3 Visa Categories
When it comes to obtaining a Green Card, the EB-2 and EB-3 visa categories are two common options for foreign nationals who are currently in the United States on an H-4 visa. Understanding the differences between these two categories can help individuals determine the most appropriate path for obtaining a Green Card.
The EB-2 visa category is designed for individuals with advanced degrees or exceptional ability in their field. This category requires a job offer from a United States employer who is willing to sponsor the individual for a Green Card. The individual must possess an advanced degree or equivalent experience, and must demonstrate exceptional ability in their field through professional achievements or recognition. The EB-2 category is generally considered to be more prestigious and can lead to a faster path to obtaining a Green Card.
On the other hand, the EB-3 visa category is designed for professionals, skilled workers, and other workers. This category also requires a job offer from a United States employer who is willing to sponsor the individual for a Green Card. Professionals must possess a bachelor’s degree or its equivalent, while skilled workers must demonstrate at least two years of job experience or training. Other workers include those in positions that require less than two years of training or experience, such as unskilled labor.
While both the EB-2 and EB-3 categories require a job offer and employer sponsorship, the primary difference lies in the educational requirements and level of experience. The EB-2 category is more suitable for individuals with advanced degrees or exceptional ability, while the EB-3 category is more inclusive and allows for a wider range of qualifications.
Ultimately, the choice between the EB-2 and EB-3 visa categories will depend on an individual’s qualifications and career goals. Consulting with an immigration attorney or legal professional can provide further guidance and assistance in determining the most appropriate path to obtaining a Green Card.
I-140 Petition for Alien Worker
The I-140 Petition for Alien Worker is a form that is used in the process of applying for a Green Card for individuals who are currently on an H4 visa. This form is submitted to the United States Citizenship and Immigration Services (USCIS) and is a crucial step in the path to obtaining permanent residency.
The purpose of the I-140 petition is to demonstrate that the individual meets the eligibility requirements for an employment-based immigrant visa. This includes proving that the individual has the necessary skills, qualifications, and experience to fill a specific job opening in the United States.
One of the key benefits of the I-140 petition is that it allows individuals on H4 visas to pursue their own career opportunities in the United States. With an approved I-140 petition, individuals can apply for an Employment Authorization Document (EAD), which allows them to work for any employer in the United States.
It’s important to note that the I-140 petition is typically filed by the employer on behalf of the H4 visa holder. The employer must provide supporting documentation, such as job offer letters, wage statements, and evidence of the employer’s ability to pay the offered wage.
Once the I-140 petition is approved, the individual can then proceed with the next steps in the Green Card application process, such as filing the I-485 application to adjust status.
Overall, the I-140 petition is a crucial document for individuals on H4 visas who wish to obtain a Green Card. It provides them with the opportunity to pursue their own career goals and gain permanent residency in the United States.
I-485 Application to Register Permanent Residence or Adjust Status
The I-485 Application to Register Permanent Residence or Adjust Status is a key step in the process of obtaining a Green Card for individuals who are on an H4 visa. This application is filed with the United States Citizenship and Immigration Services (USCIS) and is used to request that the H4 visa holder’s status is adjusted to that of a lawful permanent resident.
Requirements for Filing the I-485 Application
When filing the I-485 application, certain requirements must be met:
- The applicant must currently be in the United States and in valid H4 visa status.
- The primary H1B visa holder (the spouse of the H4 visa holder) must have an approved Form I-140, Immigrant Petition for Alien Worker, or have been granted a one-year extension under the American Competitiveness in the Twenty-First Century Act (AC21).
- The applicant must have maintained lawful nonimmigrant status throughout their stay in the United States.
- The applicant must not be inadmissible to the United States on any grounds.
- The applicant must meet all other eligibility criteria for adjustment of status.
Process for Filing the I-485 Application
The process for filing the I-485 application includes the following steps:
- Complete and sign Form I-485, including all required supporting documents.
- Submit the completed Form I-485 and supporting documents to the appropriate USCIS office based on the applicant’s place of residence.
- Pay the required filing fee and biometric services fee, if applicable.
- Attend a biometrics appointment to provide fingerprints, photographs, and signature.
- Attend an interview, if scheduled by USCIS.
- Receive a decision on the application from USCIS.
Benefits of Filing the I-485 Application
By filing the I-485 application, H4 visa holders can enjoy several benefits:
- Obtaining lawful permanent resident status in the United States, which provides various benefits including the ability to live and work permanently in the U.S.
- Being eligible for a Social Security number and the ability to work legally in the United States.
- Gaining access to healthcare benefits, education benefits, and other government benefits.
- Having the opportunity to apply for U.S. citizenship after a certain period of time.
Filing the I-485 application is an important step for H4 visa holders who wish to obtain a Green Card and permanently live in the United States. It is important to carefully review the requirements and procedures for the application and seek legal assistance if necessary to ensure a smooth and successful process.
Biometrics Appointment
As part of the process to transition from an H4 visa to a Green Card, applicants are required to attend a biometrics appointment. This appointment is a crucial step towards obtaining the green card, as it involves the collection of fingerprints, photographs, and digital signatures, which will be used to conduct background checks and verify the applicant’s identity.
Once the biometrics appointment is scheduled, the applicant will receive a notice indicating the date, time, and location of the appointment. It is important to attend this appointment as scheduled to avoid delays in the processing of the green card application.
What to expect at the biometrics appointment
During the biometrics appointment, applicants will be required to provide their fingerprints, which will be captured using a digital fingerprint scanner. In addition, a photograph of the applicant’s face will be taken, and their signature will be digitally captured.
The entire process is typically quick and straightforward, lasting around 15 to 30 minutes. It is important to arrive at the appointment on time and bring the necessary documents, such as the appointment notice and a valid identification document, to ensure a smooth and efficient process.
The benefits of attending the biometrics appointment
Attending the biometrics appointment is a necessary step in the H4 to Green Card transition process, and the benefits are significant. By providing the required biometric information, the applicant is actively cooperating with the U.S. Citizenship and Immigration Services (USCIS) in their background check process.
Additionally, attending the biometrics appointment demonstrates the applicant’s commitment and adherence to the immigration process, which can positively impact their overall application for a Green Card.
Overall, the biometrics appointment is an essential step on the path from H4 visa to Green Card. By fulfilling this requirement, applicants can move closer to obtaining permanent residency status in the United States.
Form I-765: Employment Authorization Document
The Form I-765, also known as the Employment Authorization Document (EAD), is an essential document that allows individuals to legally work in the United States. It is an integral part of the process of transitioning from an H4 visa to obtaining a Green Card.
To apply for the EAD, individuals must meet certain requirements and follow a specific process. The primary requirement is being the dependent spouse or child of an H1B visa holder. Additionally, the applicant must be eligible for H4 status and have a valid reason to request employment authorization.
The process of obtaining the EAD involves filing the Form I-765 with the United States Citizenship and Immigration Services (USCIS). The form requires individuals to provide personal information, such as their full name, date of birth, and contact details. It also requires them to provide information about their H4 visa status and employment eligibility category.
Once the Form I-765 is complete, it must be submitted along with the required supporting documents and the applicable filing fee. The supporting documents typically include a copy of the applicant’s passport, visa, and marriage certificate (if applicable). It is essential to ensure that all documents are accurate and up to date.
After submission, it usually takes several months for the USCIS to process the Form I-765 and issue the EAD. Once issued, the EAD serves as proof of employment authorization and allows individuals to work legally in the United States. It is important to note that the EAD has an expiration date, and individuals must renew it before it expires to maintain their work authorization.
Obtaining the EAD has several benefits for individuals transitioning from an H4 visa to a Green Card. It allows them to gain work experience, earn an income, and contribute to the economy. Additionally, having the EAD can make the transition to obtaining a Green Card smoother and less complicated.
In conclusion, the Form I-765, or Employment Authorization Document, is a crucial document in the process of transitioning from an H4 visa to obtaining a Green Card. It allows individuals to legally work in the United States and offers various benefits. Following the correct process and meeting the necessary requirements is essential to obtain the EAD successfully.
Form I-131: Re-entry Permit
The Form I-131, also known as the Re-entry Permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that allows certain individuals to travel outside the United States and return without applying for a new visa. This form is particularly relevant to individuals who hold a green card or are in the process of applying for a green card through the H4 to Green Card route.
The purpose of the Re-entry Permit is to maintain the lawful permanent resident (LPR) status of individuals who need to travel abroad for extended periods of time, typically more than one year. By obtaining a Re-entry Permit, green card holders can demonstrate to immigration authorities that they have not abandoned their permanent resident status while traveling internationally.
To apply for a Re-entry Permit, eligible individuals must complete and file Form I-131 with the USCIS. The form requires applicants to provide personal information, details about their green card, and their travel plans. Applicants must also pay the required filing fee and submit supporting documentation, such as a copy of their green card and evidence of the need for extended travel.
Once the Re-entry Permit application is approved, the individual will receive a biometric appointment notice. They will need to attend this appointment to provide their fingerprints and a photograph. After successful completion of the biometric appointment, the Re-entry Permit will be produced and mailed to the applicant.
The Re-entry Permit is typically valid for two years. It allows green card holders to travel outside the United States and return without needing to obtain a visa or apply for a returning resident visa. However, it is important to note that the Re-entry Permit does not guarantee entry to the United States. Individuals must still meet the admission requirements upon arrival.
| Benefits of the Re-entry Permit include: |
|---|
| Preserving permanent resident status during extended travel abroad |
| Avoiding the need to obtain a returning resident visa |
| Facilitating smoother re-entry into the United States |
| Providing additional evidence of maintaining ties to the United States |
Obtaining a Re-entry Permit can be a crucial step for individuals in the H4 to Green Card process who anticipate traveling outside the United States for an extended period. It helps to ensure that their green card status remains intact and allows for seamless re-entry into the country upon their return.
Form I-864: Affidavit of Support
Form I-864, also known as the Affidavit of Support, is a required document for the H4 to Green Card process.
This form is necessary to demonstrate that the H4 visa holder has a financial sponsor who will assume financial responsibility for them during their stay in the United States. It is filed by the sponsor, who must be either a U.S. citizen or a lawful permanent resident.
The purpose of Form I-864 is to establish that the H4 visa holder will not become a public charge and that they will have the necessary means of support to live in the United States without relying on public assistance.
To complete Form I-864, the sponsor must provide detailed information about their income, assets, and liabilities. This includes income tax returns, bank statements, and evidence of employment or other sources of income.
Once the form is completed, it must be signed under penalty of perjury and submitted along with the H4 to Green Card application. It is important to note that the sponsor’s obligations under the Affidavit of Support continue until the H4 visa holder becomes a U.S. citizen, earns 40 quarters of work credit, dies, or permanently leaves the United States.
By submitting Form I-864, the sponsor agrees to financially support the H4 visa holder and reimburse any federal, state, or local agency that provides means-tested public benefits to the H4 visa holder. This ensures that the H4 visa holder will not rely on public assistance and will be able to support themselves financially.
Filing Form I-864 is an important step in the H4 to Green Card process as it demonstrates the financial stability of the H4 visa holder’s sponsor and their ability to support the H4 visa holder during their transition to permanent residency in the United States.
Consular Interview and Visa Processing
After you have completed the necessary paperwork and met the requirements for changing your status from H4 to Green Card, you will need to attend a consular interview. The consular interview is an important step in the visa processing that determines whether you will receive your Green Card.
During the interview, the consular officer will ask you questions to verify the information provided in your application. They will also assess your eligibility for a Green Card based on your relationship with the primary Green Card holder, your financial stability, and your ability to support yourself in the United States.
It is important to be well-prepared for the consular interview. Make sure you have all the necessary documents and evidence to support your case. This may include proof of your marriage, financial documents, employment letters, and any other relevant documentation.
The consular officer will also ask questions about your intent to live in the United States. They will want to ensure that you do not have any intentions to engage in unauthorized employment or violate the terms of your Green Card. It is important to answer all questions truthfully and provide any additional information requested.
Once the consular officer is satisfied with your eligibility, they will process your visa and issue your Green Card. The processing time may vary depending on the current workload and other factors. You will be notified of the approval and provided with further instructions on how to collect your Green Card.
Obtaining a Green Card through changing your status from H4 can provide numerous benefits, including the ability to work in the United States without restrictions, travel outside the country freely, and access to various social benefits. It can also provide a path to U.S. citizenship in the future.
It is important to follow all the necessary steps and meet the requirements to ensure a smooth transition from your H4 status to a Green Card. By being well-prepared for the consular interview and visa processing, you can increase your chances of successfully obtaining your Green Card and enjoying its benefits.
Green Card Renewal and Maintenance
As an H4 visa holder who has obtained a green card, it is important to understand the requirements and process for renewing and maintaining your green card status.
Green cards are typically issued with a 10-year validity period. Therefore, it is imperative to keep your green card current by renewing it before it expires. Failing to renew your green card in a timely manner can lead to negative consequences, such as losing your permanent resident status or facing difficulties when traveling or applying for certain benefits and services.
The process of renewing your green card involves filing Form I-90, Application to Replace Permanent Resident Card. This form can be submitted online or by mail to the U.S. Citizenship and Immigration Services (USCIS). You will need to provide updated biographical information, evidence of your continued eligibility for permanent residency, and pay the applicable filing fee.
| Forms and Documents | Fee |
|---|---|
| Form I-90, Application to Replace Permanent Resident Card | $450 |
| Biometrics fee (if required) | $85 |
After submitting your application, USCIS will review your documents and may schedule you for a biometrics appointment to capture your fingerprints, photograph, and signature. It is crucial to attend this appointment as scheduled to ensure the processing of your green card renewal.
If your application is approved, USCIS will mail you a new green card. It is essential to carefully review the card for any errors or discrepancies and report them to USCIS promptly. Keeping your green card in a secure place and carrying it with you when traveling outside the United States is also crucial to avoid any issues with immigration services.
Furthermore, maintaining your green card status requires you to continuously meet the requirements of permanent residency. This includes residing primarily in the United States, filing taxes, and avoiding any actions that may be deemed as abandonment of your permanent resident status, such as extended periods of time outside the country or engaging in criminal activities.
By understanding the green card renewal process and fulfilling the necessary requirements, you can ensure the continuous validity of your green card and enjoy the benefits of permanent residency in the United States.
Benefits of obtaining a Green Card
A Green Card, also known as a Permanent Resident Card, provides numerous benefits to individuals living and working in the United States. Here are some of the key advantages:
1. Permanent residency
Obtaining a Green Card grants you permanent residency status in the United States. This means you can live and work in the country without any time limitations or restrictions.
2. Employment opportunities
As a Green Card holder, you have the freedom to work for any employer in the United States. You are not limited to a specific company or industry, giving you more flexibility and options in your career.
Additionally, having a Green Card can make it easier for you to find employment, as it shows potential employers that you have legal authorization to work in the country.
3. Social benefits
Green Card holders are eligible to receive various social benefits in the United States, including access to healthcare services, education, and other public assistance programs.
Moreover, as a Green Card holder, you can contribute to Social Security and Medicare, and you may be eligible for retirement benefits when you reach the required age.
4. Protection under the law
Having a Green Card provides you with legal protection in the United States. You are entitled to the same rights and responsibilities as U.S. citizens, including due process under the law, protection against unlawful discrimination, and the ability to sponsor family members for Green Cards.
Furthermore, Green Card holders have the option to apply for U.S. citizenship after meeting certain eligibility requirements, which grants additional benefits such as the ability to vote in federal elections and obtain a U.S. passport.
In conclusion, obtaining a Green Card offers significant advantages, such as permanent residency, employment opportunities, access to social benefits, and legal protection. It is an important step towards establishing a stable and secure future in the United States.
Q&A:
What is the H-4 visa?
The H-4 visa is a dependent visa that allows the spouse and unmarried children (under 21 years old) of H-1B visa holders to accompany them to the United States.
Can H-4 visa holders apply for a Green Card?
Yes, H-4 visa holders can apply for a Green Card in certain circumstances. They may be eligible if their spouse (the H-1B visa holder) has started the Green Card process or has already obtained a Green Card.
What are the requirements for an H-4 visa holder to apply for a Green Card?
The requirements for an H-4 visa holder to apply for a Green Card may vary based on various factors. Generally, the main requirement is that the H-1B visa holder spouse must have started the Green Card process or already have a Green Card.
What is the process for H-4 visa holders to apply for a Green Card?
The process for H-4 visa holders to apply for a Green Card involves several steps. First, the H-1B visa holder spouse must start the Green Card process or obtain a Green Card. Then, the H-4 visa holder can submit an application for a Change of Status or Adjustment of Status to become a Green Card holder.
What are the benefits of obtaining a Green Card for H-4 visa holders?
Obtaining a Green Card can provide various benefits for H-4 visa holders. It allows them to live and work in the United States indefinitely, travel freely in and out of the country, and have access to certain government benefits and protections. It also opens up more opportunities for education, career advancement, and eligibility for certain benefits such as Social Security and Medicare.
What is an H4 visa?
An H4 visa is a dependent visa that allows the spouse and unmarried children under the age of 21 of an H1B visa holder to live in the United States.
Can an H4 visa holder work in the United States?
No, an H4 visa holder cannot work in the United States unless they obtain an H4 EAD (Employment Authorization Document).