United States
ChileCompare visas
H-1B vs H-2B
Both have an annual cap, but they work differently: the H-1B allocates its 65,000 visas, plus 20,000 for master's holders, by lottery, while the H-2B splits 66,000 into two halves until they run out. The H-1B requires a degree and a specialty position; the H-2B covers temporary non-agricultural jobs and requires a Department of Labor certification. Only the H-1B lets you pursue residence without risking your status.
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
H-2B Temporary non-agricultural work
Needs a sponsor
H-1B Yes, an employer offer
H-2B Yes, an employer
Annual cap
H-1B 65,000 plus 20,000 for master's
H-2B 66,000, in two halves of 33,000
Lottery
H-1B Yes, March registration
H-2B No, but the cap runs out
Prior USCIS petition
H-1B Yes, Form I-129
H-2B Yes, DOL certification then I-129
Duration
H-1B 3 years, up to 6
H-2B Up to 1 year, 3 cumulative
Dual intent
H-1B Yes
H-2B Not allowed
Spouse may work
H-1B H-4, only with an approved I-140
H-2B H-4, no work permit
Path to residence
H-1B Yes, the usual route
H-2B It does not lead there
Chile's position
H-1B No particular advantage
H-2B A DHS country list renewed annually
Full comparison
| Criterion | H-1B H-1B visa | H-2B H-2B visa |
|---|---|---|
| What it is for The activity the category authorises. | Work in a specialty occupation | Temporary non-agricultural work |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer offer | Yes, an employer |
| Annual cap How many are issued per fiscal year. | 65,000 plus 20,000 for master's | 66,000, in two halves of 33,000 |
| Lottery Whether access depends on a random selection. | Yes, March registration | No, but the cap runs out |
| Prior USCIS petition Whether a form must be approved before the consulate. | Yes, Form I-129 | Yes, DOL certification then I-129 |
| Duration Initial term and cumulative ceiling. | 3 years, up to 6 | Up to 1 year, 3 cumulative |
| 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 | H-4, no work permit |
| 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 | A DHS country list renewed annually |
Figures verified on 2026-09-11
This table is general guidance, not legal advice or an eligibility assessment.
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