Your guide to working in the US as a Canadian
This guide prepares you for working in the US as a Canadian with regards to legal necessities. Read on to find out more
Applying for the US Green Card as a Canadian
If you’re a Canadian citizen looking to work, live, and travel in the United States legally, then a Green Card is essential. While it may seem daunting, the steps to obtaining a US Green Card as a Canadian are straightforward.
In this article, we’ll look at how to pursue this goal. We’ll also discuss how Wise can help make your money go further through international transfers with minimal fees.
The Green Card Eligibility Criteria For Canadians
Many different cases can make a Canadian eligible for a green card¹, including
- Employment
- Family-Sponsored
- Special Immigrant Categories
- Specific Case: American Indians Born In Canada
Obtaining The Green Card Via Employment
Most Canadians who have a job in the US are eligible for a green card as an immigrant worker. Eligibility for this comes in three tiers: a first, second, or third preference.
First preference goes to those with “extraordinary ability in the sciences, arts, education, business or athletics”. Professors, researchers, and multinational managers/executives are favoured.
Second preference includes those with extraordinary abilities not in education or athletics. They may have an advanced degree or are pursuing a national interest waiver.
Third preference is for most other workers, like
- Skilled Laborers, requiring at least 2 years of experience or training
- Unskilled Laborers, requiring less than 2 years of experience or training
- Professionals, requiring at least the equivalent of a US bachelor’s degree
Physicians in underserved areas and investors that have invested hundreds of thousands of dollars in a US commercial enterprise are a special case for green card eligibility.
Documents, Forms and Petitions required for a green card via employment
| Form | Used For |
|---|---|
| First preference (EB-1) | Employment-based Immigrants \ (professors/researchers, athletes, managers/executives especially) |
| Second preference (EB-2) | Employment-based Immigrants (those with an advanced degree especially) |
| Third preference (EB-3) | Employment-based Immigrants (skilled & unskilled labourers, professionals) |
| EB-4 special immigrants | Employment-based Immigrants (religious workers, US government employees, etc.) |
| EB-5 immigrant investors | Immigrants Investing $800,000-$1,050,000 in US enterprises |
| Form I-485 | All Immigrants (“Application to Register Permanent Residence or Adjust Status”) |
| Form I-485 Supplement J | Employment-based Immigrants (confirms “bona fide job offer”) |
| Form I-864, Affidavit of Support Under Section 213A of the INA | Family and Some Employment-based Immigrants \ (shows “adequate means of financial support”) |
| Form I-693 | All Immigrants (“Report of Medical Examination and Vaccination Record”) |
| Form I-601, Application for Waiver of Grounds of Inadmissibility | “Inadmissible” Immigrants \ (to waive status) |
| Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal | “Inadmissible” Immigrants \ (to reapply for admission) |
| Form I-612, Application for Waiver of the Foreign Residence Requirement | Visa Holders Looking to Waive the 2-Year Foreign Residence Requirement |
| Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities | Immigrants Working on Foreign Government Missions/International Organizations (waives exemptions non-citizens have) |
| Form I-566, Interagency Record of Request | NATO Nonimmigrants |
| Form I-485 Supplement A | Immigrants Adjusting Status Under Section 245(i) of the Immigration and Nationality Act |
Obtaining The Green Card Via Family Sponsorship
If you’re related to a US immigrant, either by marriage, parentage, or siblinghood and fit USCIS criteria, you can be eligible as an immediate relative or qualify under family-based preference categories.
Immediate relatives are spouses, unmarried children under 21, and parents of children over 21 who are US citizens.
Family-based preference categories: \
This category applies to unmarried children over 21, married children, and siblings of a US citizen who is at least 21 in most cases. Spouses or unmarried children over or under 21 of lawful permanent residents also count.
There are special green card admittance categories for fiancé(e)s or fiancé(e)’s children, widow(er)s, and victims of battery or extreme cruelty that are children, spouses, or parents of a US citizen.
Documents, Forms and Petitions required for a green card via employment
| Form | Used For |
|---|---|
| Form I-485 | All Immigrants (“Application to Register Permanent Residence or Adjust Status”) |
| Form I-864, Affidavit of Support Under Section 213A of the INA | Family and Some Employment-based Immigrants \ (shows “adequate means of financial support”) |
| Form I-864EZ, Affidavit of Support Under Section 213A of the Act | Family and Some Employment-based Immigrants \ (shows “adequate means of financial support”) |
| Form I-693 | All Immigrants (“Report of Medical Examination and Vaccination Record”) |
| Form I-601, Application for Waiver of Grounds of Inadmissibility | “Inadmissible” Immigrants \ (to waive status) |
| Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal | “Inadmissible” Immigrants \ (to reapply for admission) |
| Form I-485 Supplement A | Immigrants Adjusting Status Under Section 245(i) of the Immigration and Nationality Act |
| Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant | Immigrants who are Widowers or Victims of Abuse of US Citizens |
Obtaining The Green Card Via Other Pathways
While family and employment are the main ways that a Canadian immigrant can get a Green Card, many special cases apply as well.
For Canadians specifically, an important case to note is American Indians born in Canada. If you have American Indian heritage by blood in at least 50% of your genetic pool and reside in the US, you are eligible for a special Green Card application.
Here are some other categories to note:
- Religious Workers
- Special Immigrant Juveniles, who have been abused/neglected by parents
- International Broadcasters
- Employees Of An International Organization Or Family Members
- Asylees
- Refugees
- Human Trafficking Victims
- Crime Victims
- Diversity Visa Lottery Winners
- People Born In The United States To A Foreign Diplomat
- Foreign Diplomats Stationed In The US
Some categories do not apply to Canadians, such as Cuban citizens/natives, Liberian refugees, etc.
Each category has a different application process and forms that may apply to your situation.
The Application Process For Canadians Applying For The Green Card
The application process for a US Green Card is standard for anyone applying, regardless of where they’re from.²
The main form all immigrants file is Form I-485, Application to Register Permanent Residence or Adjust Status. This is the Green Card application form. Be prepared to fill out other forms, depending on what type of eligibility you have.
The next steps depend on whether or not you’re living in the US. If you’re in the US, you must follow the steps for Adjustment of Status. If you’re outside the US, you must go through** Consular Processing** with the US Department of State.
Other than that, here are the general steps:
- Someone sponsoring your immigration (family member, employer, etc.) files an immigrant petition for you, or you file it yourself
- US Citizenship and Immigration Services (USCIS) looks over your filing, and, hopefully, approves it for a visa available in your category
- You file a Green Card application for USCIS or fill out a visa application for the U.S. Department of State
- You attend a biometrics appointment, providing fingerprints, photos, and a signature, and attend an interview
- You receive a decision on your application, hopefully being granted a Green Card
With all the appointments and filing, it will take at least 90 days³ to receive your Green Card.
Costs Involved In The Green Card Application Process
The main cost is the USCIS Immigrant fee, which is US$ 220.00.⁴ There are a few exceptions to the rule, but most immigrants or their sponsors will have to pay this fee to get a Green Card.
Each form you file also has a fee. You can use the USCIS Fee Calculator based on your criteria to get a more accurate estimate of your costs, but just know that the cost can skyrocket because of this.
For example, a 21-year-old filing form I-485 with family-based eligibility as the immediate relative of a U.S. citizen would pay US$ 1,140 for the form plus US$ 85 for biometrics, resulting in an additional US$ 1,225 fee for that alone.
Taking Care of International Costs With Wise
Getting a Green Card is expensive enough, but you’ll also need to worry about international transfers. Wise is the perfect solution for those looking to save on transfer costs while getting the best rates possible.
With Wise, customers can send money abroad at a mid-market rate with minimal and transparent fees. Plus, you can open a multi-currency account that allows you to hold multiple currencies in one place!
There is no monthly or inactivity fee so your balance stays yours until you need it. And if you want to spend internationally with ease, then make sure to check out the Wise Card. This is a debit card that can be used in more than 150 countries without incurring expensive fees.
Possible Reasons For Refusal Of The Green Card Application
The main reason why your Green Card application would be refused relates to eligibility and not fitting the criteria you have filed under. You may also be refused for criminal records, inability to pay fees and other standard requirements for government applications.⁵
The rejection notice you receive will also tell you why your case was denied. Based on this, you can file a reversal appeal.
Sources:
- U.S. Citizenship and Immigration Services
- U.S. Citizenship and Immigration Services
- U.S. Citizenship and Immigration Services
- U.S. Citizenship and Immigration Services
- U.S. Citizenship and Immigration Services
Sources verified on: 1 December 2020
*Please see terms of use and product availability for your region or visit Wise fees and pricing for the most up to date pricing and fee information.
This publication is provided for general information purposes and does not constitute legal, tax or other professional advice from Wise Payments Limited or its subsidiaries and its affiliates, and it is not intended as a substitute for obtaining advice from a financial advisor or any other professional.
We make no representations, warranties or guarantees, whether expressed or implied, that the content in the publication is accurate, complete or up to date.
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