United States
ChileCompare visas
H-2B vs ESTA
Chile is the only Latin American country in the Visa Waiver Program, but an ESTA only covers trips of up to 90 days and allows neither work nor a change of status inside the United States. For a seasonal job in hospitality, tourism or construction, the route is the H-2B, with an employer who obtains the labour certification and files the petition. Holding an ESTA does not replace that process.
These two categories differ on 8 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
ESTA A short trip without a visa
Needs a sponsor
H-2B Yes, an employer
ESTA No
Annual cap
H-2B 66,000, in two halves of 33,000
ESTA No cap
Lottery
H-2B No, but the cap runs out
ESTA None
Prior USCIS petition
H-2B Yes, DOL certification then I-129
ESTA No, resolved online
Duration
H-2B Up to 1 year, 3 cumulative
ESTA 90 days per trip, no extension
Spouse may work
H-2B H-4, no work permit
ESTA Not applicable, one each
Chile's position
H-2B A DHS country list renewed annually
ESTA The only Latin American country in the programme
Full comparison
| Criterion | H-2B H-2B visa | ESTA ESTA / Visa Waiver |
|---|---|---|
| What it is for The activity the category authorises. | Temporary non-agricultural work | A short trip without a visa |
| Needs a sponsor Whether someone else has to petition for you. | Yes, an employer | No |
| 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, resolved online |
| Duration Initial term and cumulative ceiling. | Up to 1 year, 3 cumulative | 90 days per trip, no extension |
| 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 | Not applicable, one each |
| Path to residence Whether it leads to a green card or is one already. | It does not lead there | It does not lead there |
| Chile's position What being Chilean changes. | A DHS country list renewed annually | The only Latin American country in the programme |
Figures verified on 2026-09-11
This table is general guidance, not legal advice or an eligibility assessment.
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