United States
ChileCompare visas
H-1B vs EB-1
The H-1B is a temporary visa of up to 6 years for work in a specialty occupation; the EB-1 is the green card for extraordinary ability, outstanding researchers or multinational executives. Since the H-1B allows dual intent, you can start an EB-1 case without putting your status at risk. For a Chilean, the EB-1 has the advantage of carrying none of the date backlogs that affect India and China.
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
EB-1 Residence for extraordinary ability, research or senior management
Needs a sponsor
H-1B Yes, an employer offer
EB-1 EB-1A no; EB-1B and EB-1C yes
Annual cap
H-1B 65,000 plus 20,000 for master's
EB-1 28.6% of the annual employment-based total
Lottery
H-1B Yes, March registration
EB-1 None
Prior USCIS petition
H-1B Yes, Form I-129
EB-1 Yes, Form I-140
Duration
H-1B 3 years, up to 6
EB-1 Permanent
Dual intent
H-1B Yes
EB-1 It is residence itself
Spouse may work
H-1B H-4, only with an approved I-140
EB-1 Yes, derivative residence
Path to residence
H-1B Yes, the usual route
EB-1 It is the residence
Chile's position
H-1B No particular advantage
EB-1 None of the backlogs that affect India and China
Full comparison
| Criterion | H-1B H-1B visa | EB-1 EB-1 green card |
|---|---|---|
| What it is for The activity the category authorises. | Work in a specialty occupation | Residence for extraordinary ability, research or senior management |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer offer | EB-1A no; EB-1B and EB-1C yes |
| Annual cap How many are issued per fiscal year. | 65,000 plus 20,000 for master's | 28.6% of the annual employment-based total |
| 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 | Yes, Form I-140 |
| Duration Initial term and cumulative ceiling. | 3 years, up to 6 | Permanent |
| Dual intent Whether you can pursue residence without risking the status. | Yes | It is residence itself |
| Spouse may work Whether your partner is authorised to work. | H-4, only with an approved I-140 | Yes, derivative residence |
| Path to residence Whether it leads to a green card or is one already. | Yes, the usual route | It is the residence |
| Chile's position What being Chilean changes. | No particular advantage | 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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