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H-2B vs EB-3

Both can serve workers without a university degree, but with different horizons. The H-2B is temporary, answers an employer's seasonal need and competes for 66,000 visas a year; the EB-3 is permanent residence and includes subgroups for skilled workers and for jobs needing less than two years of training. An employer sponsors you in both cases, but for the EB-3 it must obtain PERM certification and then file the I-140.

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-3 Residence for professionals and skilled workers

  • Needs a sponsor

    H-2B Yes, an employer

    EB-3 Yes, always

  • Annual cap

    H-2B 66,000, in two halves of 33,000

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

  • Lottery

    H-2B No, but the cap runs out

    EB-3 None

  • Prior USCIS petition

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

    EB-3 Yes, PERM certification then I-140

  • Duration

    H-2B Up to 1 year, 3 cumulative

    EB-3 Permanent

  • Dual intent

    H-2B Not allowed

    EB-3 It is residence itself

  • Spouse may work

    H-2B H-4, no work permit

    EB-3 Yes, derivative residence

  • Path to residence

    H-2B It does not lead there

    EB-3 It is the residence

  • Chile's position

    H-2B A DHS country list renewed annually

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

Full comparison

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