United States
ChileCompare visas
H-2B vs EB-5
The H-2B needs an employer to hire you for a temporary need and cap space to be available; the EB-5 needs no sponsor, because residence comes from investing your own capital in a project that creates at least ten jobs. One is seasonal work capped at three cumulative years; the other is a green card that extends to your spouse. For a Chilean, the EB-5 avoids the priority-date waits that India and China face.
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-5 Residence through job-creating investment
Needs a sponsor
H-2B Yes, an employer
EB-5 No, the investment is yours
Annual cap
H-2B 66,000, in two halves of 33,000
EB-5 7.1% of the annual employment-based total
Lottery
H-2B No, but the cap runs out
EB-5 None
Prior USCIS petition
H-2B Yes, DOL certification then I-129
EB-5 Yes, Form I-526E
Duration
H-2B Up to 1 year, 3 cumulative
EB-5 Permanent
Dual intent
H-2B Not allowed
EB-5 It is residence itself
Spouse may work
H-2B H-4, no work permit
EB-5 Yes, derivative residence
Path to residence
H-2B It does not lead there
EB-5 It is the residence
Chile's position
H-2B A DHS country list renewed annually
EB-5 None of the backlogs that affect India and China
Full comparison
| Criterion | H-2B H-2B visa | EB-5 EB-5 green card |
|---|---|---|
| What it is for The activity the category authorises. | Temporary non-agricultural work | Residence through job-creating investment |
| 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 | 7.1% 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, Form I-526E |
| 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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