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EB-1 vs EB-4

The EB-1 rewards a track record: extraordinary ability, outstanding research or senior management at a multinational, and it is filed on Form I-140. The EB-4 rests not on professional merit but on a particular condition or service, such as being a religious worker or a translator for the armed forces, and uses the I-360. A Chilean professional seeking residence through their career will almost always find the route in the EB-1 rather than the EB-4.

These two categories differ on 5 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

    EB-1 Residence for extraordinary ability, research or senior management

    EB-4 Residence for narrowly defined special categories

  • Needs a sponsor

    EB-1 EB-1A no; EB-1B and EB-1C yes

    EB-4 Depends on the subcategory

  • Annual cap

    EB-1 28.6% of the annual employment-based total

    EB-4 7.1% of the annual employment-based total

  • Prior USCIS petition

    EB-1 Yes, Form I-140

    EB-4 Yes, Form I-360

  • Chile's position

    EB-1 None of the backlogs that affect India and China

    EB-4 An uncommon profile among Chileans

Full comparison

CriterionEB-1 EB-1 green cardEB-4 EB-4 green card
What it is for The activity the category authorises. Residence for extraordinary ability, research or senior management Residence for narrowly defined special categories
Needs a sponsor Whether someone else has to petition for you. EB-1A no; EB-1B and EB-1C yes Depends on the subcategory
Annual cap How many are issued per fiscal year. 28.6% of the annual employment-based total 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. Yes, Form I-140 Yes, Form I-360
Duration Initial term and cumulative ceiling. Permanent Permanent
Dual intent Whether you can pursue residence without risking the status. It is residence itself It is residence itself
Spouse may work Whether your partner is authorised to work. Yes, derivative residence Yes, derivative residence
Path to residence Whether it leads to a green card or is one already. It is the residence It is the residence
Chile's position What being Chilean changes. None of the backlogs that affect India and China An uncommon profile among Chileans

Figures verified on 2026-09-11

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

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