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B-1/B-2 vs EB-2

The B-1/B-2 lets you visit the United States for business or tourism, with a visa of up to 10 years and 6-month stays, but it does not authorise work. The EB-2 green card is permanent residence for advanced degrees or exceptional ability, with derivative residence for your spouse. Travelling on a B-1/B-2 while an EB-2 case moves forward calls for care, because the visitor visa does not allow dual intent.

These two categories differ on 9 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    B-1/B-2 Business or tourism, no work

    EB-2 Residence for an advanced degree or exceptional ability

  • Needs a sponsor

    B-1/B-2 No

    EB-2 Yes, except with a National Interest Waiver

  • Annual cap

    B-1/B-2 No cap

    EB-2 28.6% of the annual employment-based total

  • Prior USCIS petition

    B-1/B-2 No, straight to the consulate

    EB-2 Yes, I-140 and PERM unless NIW

  • Duration

    B-1/B-2 Visa up to 10 years, 6-month stays

    EB-2 Permanent

  • Dual intent

    B-1/B-2 Not allowed

    EB-2 It is residence itself

  • Spouse may work

    B-1/B-2 Not applicable, one each

    EB-2 Yes, derivative residence

  • Path to residence

    B-1/B-2 It does not lead there

    EB-2 It is the residence

  • Chile's position

    B-1/B-2 No particular advantage

    EB-2 None of the backlogs that affect India and China

Full comparison

CriterionB-1/B-2 B-1/B-2 visaEB-2 EB-2 green card
What it is for The activity the category authorises. Business or tourism, no work Residence for an advanced degree or exceptional ability
Needs a sponsor Whether someone else has to petition for you. No Yes, except with a National Interest Waiver
Annual cap How many are issued per fiscal year. No cap 28.6% of the annual employment-based total
Lottery Whether access depends on a random selection. None None
Prior USCIS petition Whether a form must be approved before the consulate. No, straight to the consulate Yes, I-140 and PERM unless NIW
Duration Initial term and cumulative ceiling. Visa up to 10 years, 6-month stays Permanent
Dual intent Whether you can pursue residence without risking the status. Not allowed It is residence itself
Spouse may work Whether your partner is authorised to work. Not applicable, one each Yes, derivative residence
Path to residence Whether it leads to a green card or is one already. It does not lead there It is the residence
Chile's position What being Chilean changes. No particular advantage None of the backlogs that affect India and China

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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