Compare visas
H-1B1 vs E-2
Both are processed directly at the consulate and both rest on treaties between Chile and the United States, but they answer different plans. The H-1B1 is for working as someone else's employee; the E-2 is for investing in and directing your own business. On an E-2 your spouse can work, which the H-1B1 does not allow.
These two categories differ on 6 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-1B1 Work in a specialty occupation
E-2 Direct your own US business
Needs a sponsor
H-1B1 Yes, an employer offer
E-2 No, the investment is yours
Annual cap
H-1B1 1,400, reserved for Chile
E-2 No cap
Duration
H-1B1 1 year, renewable
E-2 Renewable indefinitely
Spouse may work
H-1B1 H-4, no work permit
E-2 Yes, authorised by the status
Chile's position
H-1B1 Its own quota under the free trade agreement
E-2 A treaty country since 2004
Full comparison
| Criterion | H-1B1 H-1B1 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. | 1,400, reserved for Chile | No cap |
| Lottery Whether access depends on a random selection. | None | None |
| Prior USCIS petition Whether a form must be approved before the consulate. | No, straight to the consulate | No, straight to the consulate |
| Duration Initial term and cumulative ceiling. | 1 year, renewable | Renewable indefinitely |
| Dual intent Whether you can pursue residence without risking the status. | Not allowed | Not allowed |
| Spouse may work Whether your partner is authorised to work. | H-4, no work permit | Yes, authorised by the status |
| Path to residence Whether it leads to a green card or is one already. | Not on its own | Not on its own |
| Chile's position What being Chilean changes. | Its own quota under the free trade agreement | 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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