Every year, thousands of people immigrate to USA from Canada. More than 12,000 Canadians received U.S. permanent resident cards, also called “green cards” in 2021. Carl Rothrock is a U.S. immigration attorney who has successfully filed thousands of visa applications for clients from over 100 different countries, including Canada. He has been practicing law for more than 33 years. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  Many immigration options exist for Canadian citizens wishing to immigrate to the United States, including extraordinary ability visas, work visas, investor visas, family-based visas, and diversity visas.

Immigrate to the US from Canada: Extraordinary Ability Visas and NIW Visas

EB1A Extraordinary Ability Visa:  In order to qualify for an EB1A visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the fields of science, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  The EB1A visa allows an immigrant to enter the country with no job offer or relationship to a U.S. citizen.

EB2 National Interest Waiver: In order to qualify for an NIW visa, the applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. Further, the applicant must prove that the United States government should waive its requirement of having a job offer because the applicant’s presence in the United States has substantial merit and national importance.  An employer may sponsor an employee for the National Interest Waiver.  In addition, the applicant can self-sponsor. Like the EB1A, the immigrant does not need a job offer or relationship to a U.S. citizen. 

Immigrate to the United States from Canada | Work Visas

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “Eb3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our work visa web pages for these visas to learn more.

Temporary Work Visas

A Canadian citizen who does not have an offer of employment for a permanent job can also enter the United States to work temporarily. Common types of temporary work visas are the TN visa and the H1B Visa. 

TN Visa.  The TN visa (also called a “NAFTA visa”) allows Canadian and Mexican professionals to work temporarily in the United States for up to three years. The applicant’s profession must qualify under the regulations as a designated TN occupation. Click this link to see the complete list of TN occupations.  Most TN professions require a college degree.  The applicant must have a job offer in the U.S. that pays an appropriate wage.   Unlike many other work visas, the TN does not require Labor Certification from the U.S. Department of Labor.

H1B Visa.  The H1B allows foreign nationals to temporarily work “specialty occupations” in the U.S. A specialty occupation is one that requires, at minimum, a bachelor’s degree or enough work experience equivalent to a bachelor’s degree.  The applicant must have a job offer.  If the occupation requires a license, the applicant must also have a license.  The spouse and children under 21 can accompany the H1B holder to the U.S. The child can attend public school, and the spouse can work.

Move to the United States from Canada| Investor visas

Canadian citizens have a number of investor visa options to choose from. Some of these options lead to green cards, while others are temporary options. Below is a list of different types of investor visa options. Click on the link for additional details about the individual visa.

Golden Visa

EB5 Visa:  This visa is sometimes called the “Golden Visa” because an investor can obtain a green card by investing a large sum of money. This visa currently requires an investment of $800,000.00 to $1,050,000.00 USD. Depending on the type of EB5 visa selected, the investor may not need to participate in managing the business.

Treaty Visas

E2 Treaty Visa: This visa allows an investor to enter the United States with a smaller investment amount than an EB5. Depending on the investor’s country of citizenship, the investor might be able to own and operate a business with an $80,000 initial investment. Although this visa does not lead to a permanent green card, it allows the investor to work in the U.S. for up to five years, and it can be renewed indefinitely. While the investor is running a business in the U.S., he or she might consider another immigration option that leads to a green card.

E1 Treaty Visa:  This visa allows an investor to enter the U.S. for a period of time up to five years to conduct trade. This visa does not require that an individual have an office in the U.S., nor does it require a minimum investment amount.  Rather, the treaty holder must prove active trade between the U.S. and country of citizenship. Like the E2 visa, this visa does not lead to a green card, but it can be renewed indefinitely.

Entrepreneur Visas

L1 Visa.  The L1 visa is a hybrid visa between the E2 and the EB5 visas. Like the E2, it is a temporary visa with an investment amount of approximately $100,000 to $150,000 USD.  However, the L1 visa is a dual intent visa.  The investor can initially enter the U.S. temporarily but transition to a permanent green card by filing an EB1C visa application. 

EB1C visa. This visa allows an entrepreneur to manage a company in the United States. Most applicants initially enter the U.S. on the L1 Visa. After they run their business for a year, the can then apply for an EB1C visa to permanently manage the company.

Immigrate to the United States from Canada Through Marriage

An immigrant may obtain a permanent green card by marrying a United States Citizen or U.S. green card holder. In order to obtain a green card through marriage, the immigrant must prove that he or she is legally married to the U.S. citizen or green card holder and that the marriage was not entered into for immigration purposes. The United States government does not recognize “common law” marriages. The parties must be legally married. The marriage green card has the shortest processing time of all the permanent green card options. If a U.S. citizen marries a foreign citizen, the U.S. citizen can sponsor both the spouse and child under 21 for a green card, provided the marriage occurred before the child turned 18.

Family-Based Green Cards

An immigrant may obtain a permanent green card if he or she is the parent, child, or sibling of a United States Citizen. An immigrant may obtain a permanent green card if he or she is the child of a U.S. Citizen or green card holder. Note that the parent or sibling of a green card holder may not apply of U.S. residency. In addition, aunts, uncles, grandchildren, and cousins are not eligible to apply for family-based green cards. Processing times vary according to the relation between family members. Visit our family-based green card webpage for additional information.

Diversity Lottery

If an immigrant has no U.S. relatives or job opportunities, he or she can apply for a diversity visa through a lottery system. The Diversity Immigrant Visa Program (DV Program) allows 50,000 green cards per year to people from different countries. The State Department publishes a list every year of the number of immigrants selected by year per country and the number who apply. In 2021, approximately 48 Canadians received green cards through the diversity immigrant visa program. 

Immigrate to the United States from Canada | Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Cape Coral, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today at 1-239-206-2363.