United States
ChileCompare visas
H-1B1 vs EB-5
The H-1B1 lets you work for a US employer if you are a Chilean or Singaporean with a degree; the EB-5 grants permanent residence in exchange for a job-creating investment. The EB-5 needs no sponsor, but requires a minimum investment in a business that creates at least ten jobs. If you are not looking to invest that capital, the H-1B1 is the more accessible entry route for a Chilean professional.
These two categories differ on 9 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
EB-5 Residence through job-creating investment
Needs a sponsor
H-1B1 Yes, an employer offer
EB-5 No, the investment is yours
Annual cap
H-1B1 1,400, reserved for Chile
EB-5 7.1% of the annual employment-based total
Prior USCIS petition
H-1B1 No, straight to the consulate
EB-5 Yes, Form I-526E
Duration
H-1B1 1 year, renewable
EB-5 Permanent
Dual intent
H-1B1 Not allowed
EB-5 It is residence itself
Spouse may work
H-1B1 H-4, no work permit
EB-5 Yes, derivative residence
Path to residence
H-1B1 Not on its own
EB-5 It is the residence
Chile's position
H-1B1 Its own quota under the free trade agreement
EB-5 None of the backlogs that affect India and China
Full comparison
| Criterion | H-1B1 H-1B1 visa | EB-5 EB-5 green card |
|---|---|---|
| What it is for The activity the category authorises. | Work in a specialty occupation | Residence through job-creating investment |
| 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 | 7.1% of the annual employment-based total |
| 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 | Yes, Form I-526E |
| Duration Initial term and cumulative ceiling. | 1 year, renewable | Permanent |
| Dual intent Whether you can pursue residence without risking the status. | Not allowed | It is residence itself |
| Spouse may work Whether your partner is authorised to work. | H-4, no work permit | Yes, derivative residence |
| Path to residence Whether it leads to a green card or is one already. | Not on its own | It is the residence |
| Chile's position What being Chilean changes. | Its own quota under the free trade agreement | 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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