AboutNews
Know plans

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

CriterionB-1/B-2 B-1/B-2 visaEB-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.

Neither one is yours?

Answer four questions and we will tell you which category to start with, and why.

Take the test

Want to confirm which one applies to you?

The right category depends on the role, your background and your immigration history. We review it with you at no cost.

You pay in stages, as your case moves forward.

We do not ask for the full amount upfront, as is customary in this industry. Our commitment is to your case progressing, and the billing is built around that.