Compare visas
B-1/B-2 vs EB-5
The B-1/B-2 covers visits to the United States for business or tourism, but not work or staying on. The EB-5 green card is permanent residence in exchange for a minimum investment in a business that creates at least ten jobs. Neither needs a sponsor; with the EB-5 the investment is yours and is filed on Form I-526E.
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-5 Residence through job-creating investment
Needs a sponsor
B-1/B-2 No
EB-5 No, the investment is yours
Annual cap
B-1/B-2 No cap
EB-5 7.1% of the annual employment-based total
Prior USCIS petition
B-1/B-2 No, straight to the consulate
EB-5 Yes, Form I-526E
Duration
B-1/B-2 Visa up to 10 years, 6-month stays
EB-5 Permanent
Dual intent
B-1/B-2 Not allowed
EB-5 It is residence itself
Spouse may work
B-1/B-2 Not applicable, one each
EB-5 Yes, derivative residence
Path to residence
B-1/B-2 It does not lead there
EB-5 It is the residence
Chile's position
B-1/B-2 No particular advantage
EB-5 None of the backlogs that affect India and China
Full comparison
| Criterion | B-1/B-2 B-1/B-2 visa | EB-5 EB-5 green card |
|---|---|---|
| What it is for The activity the category authorises. | Business or tourism, no work | Residence through job-creating investment |
| Needs a sponsor Whether someone else has to petition for you. | No | No, the investment is yours |
| Annual cap How many are issued per fiscal year. | No cap | 7.1% 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, Form I-526E |
| 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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