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H-2A vs EB-3

The H-2A is a temporary visa for seasonal farm work, with no annual cap and an employer obliged to cover housing and transport. The EB-3 is permanent residence and includes a subgroup for jobs that need less than two years of training, always with a job offer and PERM certification. The H-2A does not lead to a green card; if you want to stay, the EB-3 is the route, though that subgroup has the longest waits in the system.

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-3 Residence for professionals and skilled workers

  • Needs a sponsor

    H-2A Yes, an agricultural employer

    EB-3 Yes, always

  • Annual cap

    H-2A No cap

    EB-3 28.6% of the annual employment-based total

  • Prior USCIS petition

    H-2A Yes, DOL certification then I-129

    EB-3 Yes, PERM certification then I-140

  • Duration

    H-2A Up to 1 year, 3 cumulative

    EB-3 Permanent

  • Dual intent

    H-2A Not allowed

    EB-3 It is residence itself

  • Spouse may work

    H-2A H-4, no work permit

    EB-3 Yes, derivative residence

  • Path to residence

    H-2A It does not lead there

    EB-3 It is the residence

  • Chile's position

    H-2A A DHS country list renewed annually

    EB-3 None of the backlogs that affect India and China

Full comparison

CriterionH-2A H-2A visaEB-3 EB-3 green card
What it is for The activity the category authorises. Temporary or seasonal agricultural work Residence for professionals and skilled workers
Needs a sponsor Whether someone else has to petition for you. Yes, an agricultural employer Yes, always
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, PERM certification then 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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