If you’re on an H-4 visa, you might be wondering about your options for staying in the U.S. long-term. One path to permanent residency is the EB-5 visa, an investor visa that offers a direct route to a green card. For many H-4 holders, the idea of transitioning from a dependent visa to a more independent, permanent status is an appealing prospect.
The journey from an H-4 visa to an EB-5 visa can be a valuable option for those who are willing to make the required financial investment. The process involves understanding both visa types, what each offers, and the steps required to move from one to the other. In this blog, we’ll explore the details of what it means to transition from H-4 to EB-5, explain what you need to know about both visas, and walk you through the process.
What is the H-4 Visa?
If you’re the spouse or child of an H-1B worker, you may qualify for an H-4 visa. This dependent visa allows you to live in the U.S. while your H-1B family member works in a specialty job. The H-1B program is used by American employers to hire skilled foreign professionals, usually in roles that require at least a bachelor’s degree.
While the H-4 lets you stay in the country, it does not always let you work. That changes if your H-1B spouse has an approved Form I-140, which is a petition for a green card through employment. You may also qualify to work if your spouse has extended H-1B status under specific long-term green card rules (AC21 law). In that case, you can file Form I-765 to request work authorization.
Also Read: Impact of H-4 Visas on Immigration of H-1B Spouses
What are the Limitations of the H-4 Visa?
Living in the U.S. on an H-4 visa can feel restricting, especially if you want to build your own career. The biggest limitation is that most H-4 holders cannot legally work. Unless you qualify for a work permit through your spouse’s green card process, you’re not allowed to earn an income.
You also can’t apply for a green card on your own through the H-4 visa. Your immigration status depends fully on your H-1B spouse. If their job ends, your H-4 status may also expire. That means your stay in the U.S. isn’t stable unless your spouse keeps valid employment.
For those who want more control over their future, learning about the H-4 Visa to EB-5 can help. The EB-5 visa offers a chance to gain independence and permanent status through investment.
Want to take charge of your own immigration path? Contact The Law Offices of Sweta Khandelwal to explore investment-based options.
What is the EB-5 Visa?
The EB-5 visa is an immigrant visa based on investment. It gives you and your family the chance to become permanent U.S. residents. To qualify, you must invest $800,000 in a project located in a rural or high-unemployment area. If the area doesn’t qualify, the minimum investment is $1,050,000.
Your money must help create at least 10 full-time jobs for U.S. workers. You don’t have to manage the business daily, but your investment must stay active during the process. This makes EB-5 a strong option for people who want both freedom and a path to a green card.
Also Read: Process of Changing Status from H1B to H4 Visa
What are the Benefits of the EB-5 Visa?
The EB-5 visa offers more than just a green card. It gives you freedom, something most H-4 visa holders lack. Once you get a conditional green card through EB-5, your life in the U.S. changes for the better.
- You can live and work anywhere in the country. There are no restrictions on location, job type, or employer. You’re no longer tied to your spouse’s work status. You also gain access to top healthcare providers, just like any other permanent resident. That means better coverage options and peace of mind for your family.
- If you have children, the EB-5 visa gives them real advantages. Your kids can attend public schools and later apply to colleges as in-state residents in many states. That means lower tuition and more opportunities. They can also apply for internships or jobs without needing special work permits.
- Travel becomes easier, too. With a green card, you can leave and re-enter the U.S. more freely than someone on a dependent visa. This flexibility is one reason many people explore the transition from an H-4 Visa to an EB-5 visa when planning their long-term future.
Want these benefits for your family? Sweta Khandelwal can help you unlock them through the EB-5 program.
How to Change Status from H-4 to EB-5?
Transitioning from an H-4 visa to an EB-5 visa involves several important steps. The process requires careful planning, substantial investment, and precise documentation. Here’s a detailed look at the step-by-step process to change your status:
Step 1: Choose a Qualifying EB-5 Investment Project
To begin the transition, you need to select a qualifying investment project. The project can either be a direct investment in a U.S. business or through a USCIS-approved regional center. Take your time to ensure that the investment is viable, as it will play a key role in the success of your petition.
Step 2: Invest the Required Capital
Once you’ve chosen your project, you need to invest the required amount. The capital you invest must come from lawful sources. This could include personal savings, earnings from business activities, or gifts from family members. You’ll need to provide clear documentation proving the origin of these funds to comply with USCIS regulations.
Step 3: File Form I-526E (Immigrant Petition by Regional Center Investor)
Pick Form I-526E (used for regional center investments) instead of Form I-526 (used for direct investments) if you prefer a passive role. It’s a better choice for H-4 holders who must avoid unauthorized work.
Form I-526E is the document you file to start the process of applying for a green card. The petition provides detailed information about the investment and your role in it. You’ll need to demonstrate that the business or project is EB-5 compliant and that it meets all requirements, such as job creation.
Step 4: Wait for I-526E Approval
After filing the I-526E petition, you must wait for USCIS to approve it. The approval process can take several months or even years, depending on the specific circumstances of your case and the processing times at the time. Once the I-526E is approved, you can move on to the next steps.
If your I-526E petition is approved while you’re in the U.S., you can proceed with the adjustment of status application without needing to leave the country.
Step 5: File Form I-485 (Application to Adjust Status)
Once the I-526E is approved, you can apply for adjustment of status using Form I-485. This form allows you to change your status from an H-4 visa holder to a conditional permanent resident under the EB-5 program.
While your I-485 is being processed, you can apply for work authorization through Form I-765 (Application for Employment Authorization) and request a travel document using Form I-131. These forms allow you to work and travel freely while waiting for your status to be adjusted.
Step 6: Receive Your Conditional Green Card
Once your Form I-485 is approved, you’ll receive your conditional green card, which is valid for two years. This green card will allow you to live, work, and travel freely within the U.S. during the two-year period. However, the conditional status means that your green card is temporary and will expire after two years.
During this time, it’s essential that your investment remains active and that you continue to meet the job creation requirements of the EB-5 program.
Step 7: File Form I-829 to Remove Conditions
Before your two-year conditional green card expires, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form demonstrates that you’ve met all the requirements of the EB-5 program.
USCIS will review your case and determine whether your investment qualifies. If your petition is approved, your conditional green card will be converted into a permanent green card. This means that you and your family can continue to live and work in the U.S. without restrictions.
The entire process can take several years, but it ultimately leads to permanent residency for you and your family.
Also Read: Options to Consider If Not Selected in the H-1B Visa Lottery
Processing Time for H-4 to EB-5
The EB-5 process takes time. It’s not instant, but it leads to permanent residency if done right. The first step is filing Form I-526E. As of 2025, USCIS processing time for this form is about 62 to 90.5 months. This timeline can vary depending on the service center, the country of origin, and whether your investment is in a rural or high-unemployment area. Some rural TEA projects may receive priority processing.
Once your I-526E is approved, you can file Form I-485 if you are already in the U.S. This adjustment of status takes 12.5 to 34 months on average.
Before your 2-year conditional green card expires, you must file Form I-829. The Form I-829 processing can take 36 to 60 months, depending on USCIS caseload.
Want to track every form and deadline with confidence? The Law Offices of Sweta Khandelwal can guide you through each processing stage.
Conclusion
Switching from H-4 to EB-5 is a bold move, but one that can secure your future. Instead of waiting on your spouse’s visa or temporary extensions, you can build your own path to a green card. The EB-5 visa gives you freedom: to work, study, travel, and live without limits.
Ready to become a U.S. resident through investment? Contact the Law Offices of Sweta Khandelwal for a personalised consultation. Want help picking a strong EB-5 project? Sweta Khandelwal can help you choose the right one for your goals. Need support with forms, timelines, and paperwork? The Law Offices of Sweta Khandelwal will walk you through every step.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
