United States
ChileCompare visas
H-2A vs E-2
The H-2A is for temporary farm work for a US employer; the E-2 is for investing in and directing your own business. Under the H-2A everything hinges on the employer, who must obtain a Department of Labor certification, and stays are capped at three cumulative years. The E-2 needs no sponsor, renews without a ceiling and is open to Chileans under the 2004 treaty.
These two categories differ on 7 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-2A Temporary or seasonal agricultural work
E-2 Direct your own US business
Needs a sponsor
H-2A Yes, an agricultural employer
E-2 No, the investment is yours
Prior USCIS petition
H-2A Yes, DOL certification then I-129
E-2 No, straight to the consulate
Duration
H-2A Up to 1 year, 3 cumulative
E-2 Renewable indefinitely
Spouse may work
H-2A H-4, no work permit
E-2 Yes, authorised by the status
Path to residence
H-2A It does not lead there
E-2 Not on its own
Chile's position
H-2A A DHS country list renewed annually
E-2 A treaty country since 2004
Full comparison
| Criterion | H-2A H-2A visa | E-2 E-2 visa |
|---|---|---|
| What it is for The activity the category authorises. | Temporary or seasonal agricultural work | Direct your own US business |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an agricultural employer | No, the investment is yours |
| Annual cap How many are issued per fiscal year. | No cap | No cap |
| Lottery Whether access depends on a random selection. | None | None |
| Prior USCIS petition Whether a form must be approved before the consulate. | Yes, DOL certification then I-129 | No, straight to the consulate |
| Duration Initial term and cumulative ceiling. | Up to 1 year, 3 cumulative | 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. | It does not lead there | Not on its own |
| Chile's position What being Chilean changes. | A DHS country list renewed annually | 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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