United States
ChileCompare visas
H-2A vs EB-1
The H-2A and the EB-1 sit at opposite ends: one is a temporary visa for farm work that requires no degree, the other is permanent residence for extraordinary ability, outstanding researchers or multinational managers. The H-2A does not allow dual intent and does not lead to a green card. The EB-1A, by contrast, can be filed by the applicant alone, with no employer.
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-2A Temporary or seasonal agricultural work
EB-1 Residence for extraordinary ability, research or senior management
Needs a sponsor
H-2A Yes, an agricultural employer
EB-1 EB-1A no; EB-1B and EB-1C yes
Annual cap
H-2A No cap
EB-1 28.6% of the annual employment-based total
Prior USCIS petition
H-2A Yes, DOL certification then I-129
EB-1 Yes, Form I-140
Duration
H-2A Up to 1 year, 3 cumulative
EB-1 Permanent
Dual intent
H-2A Not allowed
EB-1 It is residence itself
Spouse may work
H-2A H-4, no work permit
EB-1 Yes, derivative residence
Path to residence
H-2A It does not lead there
EB-1 It is the residence
Chile's position
H-2A A DHS country list renewed annually
EB-1 None of the backlogs that affect India and China
Full comparison
| Criterion | H-2A H-2A visa | EB-1 EB-1 green card |
|---|---|---|
| What it is for The activity the category authorises. | Temporary or seasonal agricultural work | Residence for extraordinary ability, research or senior management |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an agricultural employer | EB-1A no; EB-1B and EB-1C yes |
| Annual cap How many are issued per fiscal year. | No cap | 28.6% 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. | Yes, DOL certification then I-129 | Yes, Form I-140 |
| Duration Initial term and cumulative ceiling. | Up to 1 year, 3 cumulative | 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. | It does not lead there | It is the residence |
| Chile's position What being Chilean changes. | A DHS country list renewed annually | 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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