If you’re a Canadian citizen who is motivated by work, warmer weather, lower taxes, or something else, relocating to the United States may be a rewarding decision for you.
So how can a Canadian obtain U.S. lawful permanent residency?
In this article, we’ll describe the top options for Canadian citizens who want to get a U.S. Green Card and how EB5AN can help.
What Are Canadian Citizens’ Green Card Options?
Canadians Should Get Help From EB5AN to Move to the United States
What Are Canadian Citizens’ Green Card Options?
A Canadian citizen who wants to get a U.S. Green Card must be approved for an immigration visa. In other words, they need to meet the criteria for making the United States their main place of residence.
Canadians have a variety of options to gain U.S. lawful permanent resident status. These are the most popular ways to relocate to the United States legally:
- Marriage-Based Green Card
- Family-Sponsored Green Card
- Employment-Based Green Card
- Investment-Based Green Card
Let’s take a closer look at what each program entails.
Marriage-Based Green Card
A marriage-based Green Card is an appropriate option for a Canadian who meets that special someone in the United States, perhaps while studying in or traveling through the country.
Key Requirements
These are the main requirements to get approved for a marriage-based Green Card.
- Prove the marriage is sincere and not based solely on obtaining a Green Card.
- Provide evidence of the marriage, such as shared housing, joint financial accounts, and correspondence.
- Submit relevant forms that have been filled out completely and accurately.
Key Forms
These are the main forms to file as part of the approval process:
- Form I-129F: The U.S. citizen files this to get a K1 visa for their fiancée. With a K1 visa, the fiancée will be permitted entry to the United States to get married.
- Form I-130: The petitioner files this to establish the marriage.
- Form I-864: The petitioner files this to show they can support their spouse financially.
- Form I-485: The spouse files this to adjust status if they are already physically located in the United States. The fiancée should submit Form I-485 within 90 days of the marriage for the fastest and easiest approval process.
Family-Sponsored Green Card
It’s common for Canadians to have relatives in the United States, given the geographic and cultural proximity of both countries.
Such Canadians can immigrate to the United States via one of the family-sponsored options listed in the Visa Bulletin.
Qualifying Relationships
These are good pathways for individuals who are one of the following:
- Immediate relative of a U.S. permanent resident.
- Sibling of a U.S. citizen.
- Child of a U.S. citizen.
Key Steps
The main steps of the family-sponsored Green Card approval process are:
- File a Permanent Resident Form and get it approved.
- Submit Form I-130 to begin the immigration process.
- Compile and submit relevant supporting documentation.
- File Form I-485 while physically located in the United States and get it approved.
Diversity Lottery
Unfortunately, the diversity visa lottery program is not an option for Canadians who seek U.S. Green Cards.
This program is meant for foreign nationals from countries that have had historically low immigration rates to the United States. Canada is not one of those countries.
Employment-Based Green Card
Some Canadians with particular work experience and training may be a good fit for one of the various employment-based visa categories.
These are some of the most popular employment-based visa options.
Employment-Based First Preference (EB-1)
The EB-1 visa is meant for foreign nationals who fit into one of the following categories:
- Possess extraordinary ability in the arts, athletics, business, education, or sciences.
- Have been recognized for excellence as a professor or researcher.
- Have worked as a multinational executive or manager.
As the name of this category implies, qualified EB-1 applicants generally enjoy the fastest approval times out of all employment-based visa applicants.
Employment-Based Second Preference (EB-2)
The EB-2 visa is meant for foreign nationals who fit into one of the following categories:
- Have an advanced degree (master’s degree or higher, or a bachelor’s degree with several years of relevant work experience).
- Have exceptional ability in the arts, business, or sciences.
- In specific cases, qualify for a National Interest Waiver.
Employment-Based Third Preference (EB-3)
The EB-3 visa is meant for foreign nationals who receive valid job offers from U.S. companies and fit into one of the following categories:
- Are professionals with a bachelor’s degree (or the foreign equivalent) and related work experience.
- Are skilled workers with two or more years of job experience and related training.
- Are unskilled workers with less than two years of experience or training.
Application Process for EB-1, EB-2, and EB-3 Visas
The application process for one of these Green Cards usually involves the following steps.
- For most EB-2 and EB-3 applications, the sponsoring employer will need to get a labor certification from the Department of Labor after demonstrating that no qualified U.S. worker is available for the position offered to the foreign national. EB-1 applicants do not require an employer sponsor or labor certification.
- Compile and submit relevant documentation, including evidence of expertise and experience.
- Pay filing fees.
- If applicable, the sponsoring employer submits Form I-140, Immigrant Petition for Alien Worker, to the United States Citizenship and Immigration Services (USCIS).
- The applicant participates in an interview at a U.S. embassy or consulate.
- File Form I-485 if located in the United States or DS-260 if located outside of the United States.
Note that an individual who qualifies for an EB-2 National Interest Waiver does not require a sponsor or permanent labor certification. Instead, this individual must have a specific skill set that would be of great value to U.S. national interests, and must agree to work in their field of expertise after moving to the United States.
Investment-Based Green Card
Technically another employment-based visa, the EB-5 Immigrant Investor Program allows foreign nationals to receive U.S. Green Cards by investing at least $800,000 in a U.S. business that meets program criteria.
Key Benefits
These are some of the benefits of being approved for an EB-5 visa:
- Reliable Pathway to a Green Card: The EB-5 program is a reliable and fast route to lawful permanent residency for foreign nationals. It does not require family sponsorship or employer sponsorship.
- Move With Family: The Canadian investor, their spouse, and unmarried children below the age of 21 can all gain lawful permanent residency in the United States.
- More Work Options: A Canadian Green Card holder will become eligible for a wider range of better-paying and more desirable jobs than other visa holders.
- More Educational Options: An investor’s children may attend U.S. public schools free of charge. They will also be more likely to gain acceptance to reputable U.S. universities and qualify for discounted tuition rates.
- More Travel Options: Canadians approved for an EB-5 visa can travel freely throughout the country and buy homes wherever they like.
- Route to U.S. Citizenship: They can apply for U.S. citizenship five years after becoming lawful permanent residents. Gaining U.S. citizenship confers additional benefits, and doesn’t mean losing Canadian citizenship. Canadians can also have dual citizenship.
Key Eligibility Requirements
USCIS will not approve an application unless the applicant first proves that they:
- Used lawfully obtained investment funds.
- Committed these funds to a new commercial enterprise (NCE) irrevocably.
- Will create at least 10 full-time jobs that last for at least two years for American workers.
Compliance with these regulations will allow the investor to get two-year conditional permanent residency in the United States. USCIS will review the investment toward the end of this period. Conditions on the investor’s permanent resident status will be lifted if they have fulfilled all EB-5 visa requirements.
The investor and their qualified family members will be able to live and work freely in the United States.
Direct Investments vs. Regional Center Investments
A Canadian EB-5 investor will have to choose between investing their money directly or via a regional center.
Almost all EB-5 visa applicants select the EB-5 regional center program. Doing so lowers financial and immigration risk. Such investors have an easier time meeting their job creation requirements.
Compile Supporting Documents
Some of the key documents for an EB-5 investor are:
- Birth certificate
- Passport
- Marriage certificate, if applicable
An EB-5 applicant must also fill out and file multiple forms that each require supporting documentation. Since this is a complex process, we encourage investors to work with experienced immigration attorneys to deliver accurate and complete paperwork.
Make a Qualifying Investment
Typically, an EB-5 applicant will invest a minimum of $1,050,000 in a new commercial enterprise (NCE) and keep it invested for at least two years.
Those who invest in targeted employment areas (TEAs) are eligible for a lower minimum investment of $800,000.
Either investment choice must create at least 10 full-time jobs for American workers to qualify.
File Form I-526 or I-526E
Each EB-5 applicant must also submit an immigrant petition—Form I-526 or I-526E—as part of the application process.
Direct investors will select Form I-526 (Immigrant Petition by Standalone Investor).
Regional center investors will select Form I-526E (Immigrant Petition by Regional Center Investor).
It’s a good idea to work with an experienced immigration attorney in filling out and filing this form.
USCIS will send you a letter to acknowledge receipt and confirm when you will be eligible to apply for a visa. Adjudication timelines vary.
File Form I-485 or DS-260
To receive your conditional Green Card, you will need to get Form I-485, Application to Register Permanent Residence or Adjust Status, approved. If you are already legally working and living in the United States, it’s wise to submit this form concurrently with Form I-526E. Doing so can help you get approved faster.
However, if you are applying from Canada instead of the United States, you should file Form DS-260 instead of Form I-485. Complete consular processing at a U.S. embassy or consulate in Canada and submit it to the National Visa Center.
Be ready to participate in an immigration interview at your local consulate or embassy after your application is adjudicated.
You will receive a conditional permanent residence card after getting approved. This will allow you to live and work in the United States for two years. You must maintain a primary residence in the United States during this period.
File Form I-829
The final step of the application process is to file Form I-829. After it is approved, the conditions on your Green Card will be lifted. You will have a 10-year renewable Green Card.
But first, you must demonstrate that you fulfilled all EB-5 program requirements. You may also need to attend a biometrics interview.
Submit this form during the final 90 days of the two-year conditional residency period.
Canadians Should Get Help From EB5AN to Move to the United States
Canadian citizens have several pathways to lawful permanent residence in the United States for themselves and their immediate relatives. For those who have the required investment capital and can fulfill the other criteria, the EB-5 program is a smart choice.
Collaborating with a team of EB-5 professionals and experienced immigration lawyers is another smart choice.
EB5AN has helped more than 2,300 families from 70+ countries relocate to the United States as lawful permanent residents. To learn more, book a free call with us today.