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H-1B vs B-1/B-2

The B-1/B-2 lets you visit the United States for business or tourism with stays of up to 6 months, but it does not authorise work. The H-1B does, though it needs a sponsoring employer, a Form I-129 petition and selection in the lottery. The B-1/B-2 also does not allow dual intent, while the H-1B lets you move toward a green card.

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

    H-1B Work in a specialty occupation

    B-1/B-2 Business or tourism, no work

  • Needs a sponsor

    H-1B Yes, an employer offer

    B-1/B-2 No

  • Annual cap

    H-1B 65,000 plus 20,000 for master's

    B-1/B-2 No cap

  • Lottery

    H-1B Yes, March registration

    B-1/B-2 None

  • Prior USCIS petition

    H-1B Yes, Form I-129

    B-1/B-2 No, straight to the consulate

  • Duration

    H-1B 3 years, up to 6

    B-1/B-2 Visa up to 10 years, 6-month stays

  • Dual intent

    H-1B Yes

    B-1/B-2 Not allowed

  • Spouse may work

    H-1B H-4, only with an approved I-140

    B-1/B-2 Not applicable, one each

  • Path to residence

    H-1B Yes, the usual route

    B-1/B-2 It does not lead there

Full comparison

CriterionH-1B H-1B visaB-1/B-2 B-1/B-2 visa
What it is for The activity the category authorises. Work in a specialty occupation Business or tourism, no work
Needs a sponsor Whether someone else has to petition for you. Yes, an employer offer No
Annual cap How many are issued per fiscal year. 65,000 plus 20,000 for master's No cap
Lottery Whether access depends on a random selection. Yes, March registration None
Prior USCIS petition Whether a form must be approved before the consulate. Yes, Form I-129 No, straight to the consulate
Duration Initial term and cumulative ceiling. 3 years, up to 6 Visa up to 10 years, 6-month stays
Dual intent Whether you can pursue residence without risking the status. Yes Not allowed
Spouse may work Whether your partner is authorised to work. H-4, only with an approved I-140 Not applicable, one each
Path to residence Whether it leads to a green card or is one already. Yes, the usual route It does not lead there
Chile's position What being Chilean changes. No particular advantage No particular advantage

Figures verified on 2026-09-11

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

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