U.S. Employment Green Cards for Canadians: EB-1, EB-2 and EB-3

A. Which employment-based category may apply?

EB-1 includes people with extraordinary ability, certain outstanding professors and researchers, and qualifying multinational executives or managers. The evidence and sponsorship requirements differ between these routes.

EB-2 concerns qualifying advanced-degree professionals and people with exceptional ability. A job offer and labor certification are generally required, although a qualifying national interest waiver can remove those requirements.

EB-3 covers qualifying skilled workers, professionals and other workers. Employer sponsorship and labor certification are generally required. Eligibility depends on both the position and the applicant's qualifications.

Our service pages explain EB-1 extraordinary ability, EB-2 and EB-3 in more detail. EB-4 special-immigrant and EB-5 investor cases involve separate requirements.

B. Employer sponsorship and PERM

For cases requiring PERM labor certification, the employer must complete the applicable labor-market process before filing the immigrant petition. This generally involves defining the job requirements, obtaining the required wage determination, conducting recruitment and documenting the results.

The Department of Labor considers whether qualified U.S. workers are available and whether the proposed employment would adversely affect comparable U.S. wages and working conditions. Certification does not itself grant immigration status.

The employer also needs evidence for the immigration petition, including its ability to pay the offered wage where required. Read more about PERM labor certification.

C. The immigrant petition and priority date

Form I-140 is the immigrant petition used for EB-1, EB-2 and EB-3 cases. Most are filed by an employer. Qualifying extraordinary-ability applicants and national-interest-waiver applicants may self-petition; the required evidence still has to establish eligibility.

The priority date generally comes from the labor-certification filing when one is required, or the properly filed petition when it is not. Keep copies of filing notices and earlier approvals. They may be relevant when an immigration plan changes.

D. Visa availability affects the next stage

Employment-based immigrant visas are subject to annual limits. The preference category, priority date and country of chargeability affect availability. Chargeability generally follows country of birth, rather than citizenship; becoming a Canadian citizen does not automatically change the relevant country.

The monthly Visa Bulletin contains Dates for Filing and Final Action Dates. The applicable chart and current instructions must be checked for the procedure being used. An approved petition does not mean a visa number is immediately available. Read our explanation of immigrant visa availability.

E. Consular processing or adjustment of status

A person pursuing the case from Canada generally completes an immigrant visa process through the National Visa Center and the designated U.S. consular post. Someone already in the United States may be eligible to apply for adjustment of status using Form I-485, subject to visa availability and the other legal requirements.

Temporary permission to stay, work and travel needs separate attention while the green-card case proceeds. Filing a petition or an adjustment application does not, by itself, authorize employment. Travel during a pending adjustment case can also affect the application.

A qualifying spouse and unmarried children under 21 may be able to immigrate as dependants. Each family member's eligibility and timing should be reviewed, particularly when a child is approaching 21.

F. Preparing for an assessment

Begin with a description of the proposed U.S. role, your qualifications and work history, whether an employer is prepared to sponsor, your current immigration status, and any earlier petitions. Include the intended timing and any accompanying family members.

Stafford Immigration Group can assess the potential category and explain the responsibilities of the employer and applicant. Read about our employment green-card services or request an assessment. Processing times and visa availability vary; no approval date or outcome can be guaranteed.

General information only; it does not replace advice about an individual case.