United States
ChileCompare visas
E-2 vs EB-3
The E-2 depends on your own investment and on citizenship of a treaty country such as Chile; the EB-3 green card always depends on a US employer who files a PERM certification and then Form I-140. The EB-3 is permanent residence for professionals and skilled workers, with derivative residence for your spouse. The E-2 goes straight to the consulate and renews with no ceiling, though it does not lead to a green card by itself.
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
E-2 Direct your own US business
EB-3 Residence for professionals and skilled workers
Needs a sponsor
E-2 No, the investment is yours
EB-3 Yes, always
Annual cap
E-2 No cap
EB-3 28.6% of the annual employment-based total
Prior USCIS petition
E-2 No, straight to the consulate
EB-3 Yes, PERM certification then I-140
Duration
E-2 Renewable indefinitely
EB-3 Permanent
Dual intent
E-2 Not allowed
EB-3 It is residence itself
Spouse may work
E-2 Yes, authorised by the status
EB-3 Yes, derivative residence
Path to residence
E-2 Not on its own
EB-3 It is the residence
Chile's position
E-2 A treaty country since 2004
EB-3 None of the backlogs that affect India and China
Full comparison
| Criterion | E-2 E-2 visa | EB-3 EB-3 green card |
|---|---|---|
| What it is for The activity the category authorises. | Direct your own US business | Residence for professionals and skilled workers |
| Needs a sponsor Whether someone else has to petition for you. | No, the investment is yours | Yes, always |
| 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, PERM certification then I-140 |
| Duration Initial term and cumulative ceiling. | Renewable indefinitely | 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. | Yes, authorised by the status | Yes, derivative residence |
| Path to residence Whether it leads to a green card or is one already. | Not on its own | It is the residence |
| Chile's position What being Chilean changes. | A treaty country since 2004 | 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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