United States
ChileCompare visas
H-2B vs E-2
The H-2B is for working as an employee through a season in non-agricultural sectors, such as hospitality or construction, and competes for an annual cap that runs out. The E-2 is for citizens of treaty countries, Chile among them since 2004, who invest in and direct their own business. The E-2 renews indefinitely and lets your spouse work; the H-2B tops out at three cumulative years.
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-2B Temporary non-agricultural work
E-2 Direct your own US business
Needs a sponsor
H-2B Yes, an employer
E-2 No, the investment is yours
Annual cap
H-2B 66,000, in two halves of 33,000
E-2 No cap
Lottery
H-2B No, but the cap runs out
E-2 None
Prior USCIS petition
H-2B Yes, DOL certification then I-129
E-2 No, straight to the consulate
Duration
H-2B Up to 1 year, 3 cumulative
E-2 Renewable indefinitely
Spouse may work
H-2B H-4, no work permit
E-2 Yes, authorised by the status
Path to residence
H-2B It does not lead there
E-2 Not on its own
Chile's position
H-2B A DHS country list renewed annually
E-2 A treaty country since 2004
Full comparison
| Criterion | H-2B H-2B visa | E-2 E-2 visa |
|---|---|---|
| What it is for The activity the category authorises. | Temporary non-agricultural work | Direct your own US business |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer | No, the investment is yours |
| Annual cap How many are issued per fiscal year. | 66,000, in two halves of 33,000 | No cap |
| Lottery Whether access depends on a random selection. | No, but the cap runs out | 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.
Neither one is yours?
Answer four questions and we will tell you which category to start with, and why.
Take the testWant 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.