AboutNews
Know plans

Compare visas

H-2A vs EB-4

The H-2A and the EB-4 almost never compete for the same person. The first is a temporary visa for seasonal farm work, requested by an agricultural employer after it obtains a Department of Labor certification; the second is residence for special immigrants, such as religious workers or certain physicians, filed on Form I-360. Unless your case fits an EB-4 subcategory, it is not an alternative to the H-2A.

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-4 Residence for narrowly defined special categories

  • Needs a sponsor

    H-2A Yes, an agricultural employer

    EB-4 Depends on the subcategory

  • Annual cap

    H-2A No cap

    EB-4 7.1% of the annual employment-based total

  • Prior USCIS petition

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

    EB-4 Yes, Form I-360

  • Duration

    H-2A Up to 1 year, 3 cumulative

    EB-4 Permanent

  • Dual intent

    H-2A Not allowed

    EB-4 It is residence itself

  • Spouse may work

    H-2A H-4, no work permit

    EB-4 Yes, derivative residence

  • Path to residence

    H-2A It does not lead there

    EB-4 It is the residence

  • Chile's position

    H-2A A DHS country list renewed annually

    EB-4 An uncommon profile among Chileans

Full comparison

CriterionH-2A H-2A visaEB-4 EB-4 green card
What it is for The activity the category authorises. Temporary or seasonal agricultural work Residence for narrowly defined special categories
Needs a sponsor Whether someone else has to petition for you. Yes, an agricultural employer Depends on the subcategory
Annual cap How many are issued per fiscal year. No cap 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. Yes, DOL certification then I-129 Yes, Form I-360
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 An uncommon profile among Chileans

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

Neither one is yours?

Answer four questions and we will tell you which category to start with, and why.

Take the test

Want to confirm which one applies to you?

The right category depends on the role, your background and your immigration history. We review it with you at no cost.

You pay in stages, as your case moves forward.

We do not ask for the full amount upfront, as is customary in this industry. Our commitment is to your case progressing, and the billing is built around that.