United States
ChileCompare visas
H-1B vs EB-2
The H-1B is a temporary work visa; the EB-2 is permanent residence for people with an advanced degree or exceptional ability. Many professionals go through both in sequence, since the H-1B allows dual intent. The practical difference is that an EB-2 with a National Interest Waiver can be filed without an employer.
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-2 Residence for an advanced degree or exceptional ability
Needs a sponsor
H-1B Yes, an employer offer
EB-2 Yes, except with a National Interest Waiver
Annual cap
H-1B 65,000 plus 20,000 for master's
EB-2 28.6% of the annual employment-based total
Lottery
H-1B Yes, March registration
EB-2 None
Prior USCIS petition
H-1B Yes, Form I-129
EB-2 Yes, I-140 and PERM unless NIW
Duration
H-1B 3 years, up to 6
EB-2 Permanent
Dual intent
H-1B Yes
EB-2 It is residence itself
Spouse may work
H-1B H-4, only with an approved I-140
EB-2 Yes, derivative residence
Path to residence
H-1B Yes, the usual route
EB-2 It is the residence
Chile's position
H-1B No particular advantage
EB-2 None of the backlogs that affect India and China
Full comparison
| Criterion | H-1B H-1B visa | EB-2 EB-2 green card |
|---|---|---|
| What it is for The activity the category authorises. | Work in a specialty occupation | Residence for an advanced degree or exceptional ability |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer offer | Yes, except with a National Interest Waiver |
| 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, I-140 and PERM unless NIW |
| 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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