Compare visas
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
| Criterion | H-2B H-2B visa | EB-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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