United States
ChileCompare visas
H-2B vs EB-2
The H-2B suits someone seeking a temporary job in sectors such as landscaping, food processing or amusement parks, with no degree required. The EB-2 is permanent residence for people with an advanced degree or exceptional ability, and with a National Interest Waiver it is filed without an employer. The H-2B does not allow dual intent, so starting a residence case while you hold it calls for care.
These two categories differ on 10 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
EB-2 Residence for an advanced degree or exceptional ability
Needs a sponsor
H-2B Yes, an employer
EB-2 Yes, except with a National Interest Waiver
Annual cap
H-2B 66,000, in two halves of 33,000
EB-2 28.6% of the annual employment-based total
Lottery
H-2B No, but the cap runs out
EB-2 None
Prior USCIS petition
H-2B Yes, DOL certification then I-129
EB-2 Yes, I-140 and PERM unless NIW
Duration
H-2B Up to 1 year, 3 cumulative
EB-2 Permanent
Dual intent
H-2B Not allowed
EB-2 It is residence itself
Spouse may work
H-2B H-4, no work permit
EB-2 Yes, derivative residence
Path to residence
H-2B It does not lead there
EB-2 It is the residence
Chile's position
H-2B A DHS country list renewed annually
EB-2 None of the backlogs that affect India and China
Full comparison
| Criterion | H-2B H-2B visa | EB-2 EB-2 green card |
|---|---|---|
| What it is for The activity the category authorises. | Temporary non-agricultural work | Residence for an advanced degree or exceptional ability |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer | Yes, except with a National Interest Waiver |
| Annual cap How many are issued per fiscal year. | 66,000, in two halves of 33,000 | 28.6% of the annual employment-based total |
| 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 | Yes, I-140 and PERM unless NIW |
| 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.
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.