United States
ChileCompare visas
H-1B vs E-2
The H-1B is for working as an employee and depends on an employer sponsoring you and on being selected in the lottery. The E-2 is for citizens of treaty countries such as Chile who invest in and direct their own US business. The H-1B allows dual intent; the E-2 renews without a ceiling and lets your spouse work.
These two categories differ on 10 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
E-2 Direct your own US business
Needs a sponsor
H-1B Yes, an employer offer
E-2 No, the investment is yours
Annual cap
H-1B 65,000 plus 20,000 for master's
E-2 No cap
Lottery
H-1B Yes, March registration
E-2 None
Prior USCIS petition
H-1B Yes, Form I-129
E-2 No, straight to the consulate
Duration
H-1B 3 years, up to 6
E-2 Renewable indefinitely
Dual intent
H-1B Yes
E-2 Not allowed
Spouse may work
H-1B H-4, only with an approved I-140
E-2 Yes, authorised by the status
Path to residence
H-1B Yes, the usual route
E-2 Not on its own
Chile's position
H-1B No particular advantage
E-2 A treaty country since 2004
Full comparison
| Criterion | H-1B H-1B visa | E-2 E-2 visa |
|---|---|---|
| What it is for The activity the category authorises. | Work in a specialty occupation | Direct your own US business |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer offer | No, the investment is yours |
| 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 | Renewable indefinitely |
| 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 | Yes, authorised by the status |
| Path to residence Whether it leads to a green card or is one already. | Yes, the usual route | Not on its own |
| Chile's position What being Chilean changes. | No particular advantage | A treaty country since 2004 |
Figures verified on 2026-09-11
This table is general guidance, not legal advice or an eligibility assessment.
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