United States
ChileCompare visas
EB-4 vs EB-5
The EB-4 and EB-5 each receive 7.1% of the annual employment-based total, and that is where the similarity ends. The EB-4 is for special immigrants, such as religious workers or minors under special immigrant juvenile status, and is filed on the I-360. The EB-5 is for someone investing in a project that creates at least ten jobs, through the I-526E petition.
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-4 Residence for narrowly defined special categories
EB-5 Residence through job-creating investment
Needs a sponsor
EB-4 Depends on the subcategory
EB-5 No, the investment is yours
Prior USCIS petition
EB-4 Yes, Form I-360
EB-5 Yes, Form I-526E
Chile's position
EB-4 An uncommon profile among Chileans
EB-5 None of the backlogs that affect India and China
Full comparison
| Criterion | EB-4 EB-4 green card | EB-5 EB-5 green card |
|---|---|---|
| What it is for The activity the category authorises. | Residence for narrowly defined special categories | Residence through job-creating investment |
| Needs a sponsor Whether someone else has to petition for you. | Depends on the subcategory | No, the investment is yours |
| Annual cap How many are issued per fiscal year. | 7.1% 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-360 | 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. | An uncommon profile among Chileans | 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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