United States
ChileCompare visas
L-1 vs H-2B
The L-1 has no cap and rests on your history with a company that has offices inside and outside the United States. The H-2B covers temporary non-agricultural work with any employer holding a Department of Labor certification, but its annual cap of 66,000 runs out. The H-2B lasts up to a year, three cumulative at most, and does not lead to residence; the L-1 can open the EB-1C.
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
L-1 Transfer within the same company
H-2B Temporary non-agricultural work
Needs a sponsor
L-1 Yes, your own company
H-2B Yes, an employer
Annual cap
L-1 No cap
H-2B 66,000, in two halves of 33,000
Lottery
L-1 None
H-2B No, but the cap runs out
Prior USCIS petition
L-1 Yes, Form I-129
H-2B Yes, DOL certification then I-129
Duration
L-1 L-1A up to 7 years, L-1B up to 5
H-2B Up to 1 year, 3 cumulative
Dual intent
L-1 Yes
H-2B Not allowed
Spouse may work
L-1 Yes, on an L-2
H-2B H-4, no work permit
Path to residence
L-1 Yes, EB-1C for executives
H-2B It does not lead there
Chile's position
L-1 No particular advantage
H-2B A DHS country list renewed annually
Full comparison
| Criterion | L-1 L-1 visa | H-2B H-2B visa |
|---|---|---|
| What it is for The activity the category authorises. | Transfer within the same company | Temporary non-agricultural work |
| Needs a sponsor Whether someone else has to petition for you. | Yes, your own company | Yes, an employer |
| Annual cap How many are issued per fiscal year. | No cap | 66,000, in two halves of 33,000 |
| Lottery Whether access depends on a random selection. | None | No, but the cap runs out |
| Prior USCIS petition Whether a form must be approved before the consulate. | Yes, Form I-129 | Yes, DOL certification then I-129 |
| Duration Initial term and cumulative ceiling. | L-1A up to 7 years, L-1B up to 5 | Up to 1 year, 3 cumulative |
| Dual intent Whether you can pursue residence without risking the status. | Yes | Not allowed |
| Spouse may work Whether your partner is authorised to work. | Yes, on an L-2 | H-4, no work permit |
| Path to residence Whether it leads to a green card or is one already. | Yes, EB-1C for executives | It does not lead there |
| Chile's position What being Chilean changes. | No particular advantage | A DHS country list renewed annually |
Figures verified on 2026-09-11
This table is general guidance, not legal advice or an eligibility assessment.
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