United States
ChileCompare visas
EB-3 vs EB-5
The EB-3 requires an employer to sponsor you and obtain PERM certification, the stage that lengthens the process most. The EB-5 removes the employer, in exchange for investing in a US business that employs ten or more people. Both grant permanent residence with derivative residence for your spouse; the difference is whether you arrive through a contract or an investment.
These two categories differ on 4 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-3 Residence for professionals and skilled workers
EB-5 Residence through job-creating investment
Needs a sponsor
EB-3 Yes, always
EB-5 No, the investment is yours
Annual cap
EB-3 28.6% of the annual employment-based total
EB-5 7.1% of the annual employment-based total
Prior USCIS petition
EB-3 Yes, PERM certification then I-140
EB-5 Yes, Form I-526E
Full comparison
| Criterion | EB-3 EB-3 green card | EB-5 EB-5 green card |
|---|---|---|
| What it is for The activity the category authorises. | Residence for professionals and skilled workers | Residence through job-creating investment |
| Needs a sponsor Whether someone else has to petition for you. | Yes, always | No, the investment is yours |
| 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, PERM certification then I-140 | Yes, Form I-526E |
| 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 | 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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