Compare visas
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
| Criterion | H-1B H-1B visa | B-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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