Chapter 06 · Topic 06.7 · Green card / Citizenship
EB-1, EB-2 NIW, EB-3: employment-based green card (Canadian)
Three employment-based green card paths: EB-1 extraordinary ability (1A self-petition), EB-2 NIW (3-prong Dhanasar, self-petition), EB-3 skilled/professional/other (PERM required). 140K IV/yr cap.
Direct answer · 60-second summary
The 60-second version
EB (Employment-Based) are U.S. employment-based permanent immigration paths. Five preferences (EB-1 through EB-5). Three are most relevant for skilled Canadians:
EB-1: extraordinary ability (1A), outstanding professor/researcher (1B), multinational manager/executive (1C). No PERM, no US job required for 1A.
EB-2: advanced (master/PhD or bachelor + 5 yrs) OR exceptional ability. NIW (National Interest Waiver) = self-petition without employer if 3 Dhanasar prongs met.
EB-3: skilled (2 yrs experience), professional (bachelor), other workers (unskilled, long queue).
Process: (1) DOL PERM labor certification if required, (2) Form I-140 petition with USCIS, (3) I-485 (AOS) or consular (CP) with DS-260. Annual global cap: 140,000 employment IVs + dependents. Dhanasar test (2016) for NIW: (1) substantial merit + national importance, (2) well-positioned, (3) on balance beneficial to waive job offer.
Acronyms used in this guide
USCIS : U.S. Citizenship and Immigration Services. DOS : U.S. Department of State. DOL : U.S. Department of Labor. I-140 : Immigrant Petition for Alien Worker. I-485 : Application to Register Permanent Residence (Adjustment of Status). I-765 : Application for Employment Authorization (EAD). I-131 : Application for Travel Document (Advance Parole, Re-entry Permit). I-693 : Report of Medical Examination and Vaccination Record. DS-260 : Online Immigrant Visa Application. PERM : Program Electronic Review Management (DOL labor certification). PWD : Prevailing Wage Determination. LPR : Lawful Permanent Resident. PR : Permanent Resident (green card holder). NIW : National Interest Waiver (for EB-2). PD : Priority Date. EB-1 : Employment-Based 1st preference. EB-2 : Employment-Based 2nd preference. EB-3 : Employment-Based 3rd preference. AOS : Adjustment of Status (in-US, no consulate). CP : Consular Processing (at US consulate abroad). NVC : National Visa Center.
EB-1: 3 sub-categories
EB-1A: Extraordinary Ability : sciences, arts, education, business, athletics. Self-petition allowed (no employer needed). Criteria: (a) major international award (Nobel, Pulitzer), OR (b) 3 of 10 regulatory criteria (8 CFR §204.5(h)(3)): national prizes, published articles, peer review, original contributions, awards in field, leadership, high salary, etc. + final merits determination.
EB-1B: Outstanding Professor/Researcher : 3 yrs academic experience, permanent offer from US employer (university or research institute), 2 of 6 criteria.
EB-1C: Multinational Manager/Executive : internal transfer (similar to L-1A) with 1 yr in the 3 years before petition.
No PERM for any sub-category.
I-140 timing: 8-15 months (premium processing 15 days for ~$3,000 USD Form I-907).
EB-2 NIW: Dhanasar (2016) test
The AAO (Administrative Appeals Office) issued Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) on December 27, 2016, replacing the NYSDOT test. Three prongs:
- Substantial merit and national importance: the proposed endeavor has substantial merit (science, technology, economy, health, education, culture) and national importance (beyond local impact).
- Well-positioned to advance the endeavor: education, experience, prior success, plan, funding, references, recommendation letters establish that the petitioner is well-positioned.
- On balance beneficial: it would benefit the US to waive the job-offer and PERM requirement (impossibility or impracticality of PERM, urgency, national interest).
NIW is self-petition: no US employer needed. Ideal for entrepreneurs, researchers, independent professionals. Form I-140 + ETA-9089 not required.
EB-2 standard (with employer)
Advanced: master/PhD OR bachelor + 5 years progressive experience. Exceptional ability: 3 of 6 regulatory criteria. PERM required except for NIW. PERM (DOL) process: 6-18 months, fees ~$3,000-5,000 USD (attorney + ads).
EB-3: 3 sub-categories
EB-3A: Skilled workers : minimum 2 yrs experience. EB-3B: Professionals : US bachelor or equivalent foreign. EB-3C: Other workers (unskilled) : less than 2 yrs experience. Extremely long queue (10+ yrs). PERM required in all cases. Annual cap: 28.6% of 140,000 = 40,040 IV/yr split among EB-3 sub-categories.
DOS Visa Bulletin and queues
The monthly Visa Bulletin from the Department of State shows Final Action Dates (date a visa becomes available). For Canadians, per-country cap = 7% of worldwide = roughly 9,800 IV/yr.
| Category | Status for Canada (Jan 2026) |
|---|---|
| EB-1 | Current (no queue) |
| EB-2 | Modest backlog (~1-2 yrs) |
| EB-3 Skilled/Professional | Backlog ~1-3 yrs |
| EB-3 Other Workers | Backlog ~10+ yrs |
Verify the official Visa Bulletin monthly: travel.state.gov/visa-bulletin.
Full process
- PERM (if required): employer files Form ETA-9089 with DOL, with labor market test (ads, prevailing wage). Time: 6-18 months.
- Form I-140: employer petition (or self for EB-1A and NIW) to USCIS. Time: 8-15 months (premium processing available 15 days for ~$3,000 USD).
- Priority Date: date of PERM filing or I-140 (if no PERM). Used in Visa Bulletin.
- When PD is current:
If in US (under nonimmigrant status): Form I-485 (AOS) + I-693 (medical) + I-765 (EAD) + I-131 (Advance Parole). Time: 8-14 months.
If outside US: Consular Processing via NVC + DS-260 + interview at the US consulate for their province of residence. Canada has 6 US consular posts : Canadians apply to the one serving their province of residence, not necessarily Montréal: Montréal (QC/NU), Toronto (ON), Vancouver (BC/YT), Calgary (AB/SK/MB/NT), Halifax (NB/NS/PE/NL), Québec City (parts of QC). Confirm your jurisdiction and book appointments at ca.usembassy.gov.
- Approval → LPR.
- Spouse and unmarried children < 21 = derivatives (spouse = E-21/E-22, children = E-23/EW-3 etc.).
Official forms (always use the latest edition)
Reader responsibility
Always download the latest edition of the form from the official site cited below. An expired edition can be rejected by USCIS, DOS or IRS. CanadaFlorida is not a substitute for a licensed attorney.
Form I-140 : Immigrant Petition for Alien Worker. Form I-485 : Adjustment of Status. Form ETA-9089 : PERM Labor Certification (DOL). Form I-907 : Premium Processing. USCIS : EB-1. USCIS : EB-2 (NIW). Matter of Dhanasar (AAO 2016). DOS Visa Bulletin.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
A worked example
A Waterloo engineer with publications weighs EB-2 NIW (self-petition, no employer, no PERM) against an employer EB-2 with PERM. Counsel sequences the NIW first on her evidence file; the budget conversation happens in both currencies at the dated rate; every government figure is read at the official schedule the week of filing, and the Visa Bulletin of that month, not this page, decides the waiting math.
Common mistakes
Printing priority dates from blogs into plans. Confusing the petition approval with a green card: the visa number comes from the bulletin. Skipping the PERM timeline in job-change planning. Treating NIW as a shortcut for any resume. And running an EB case without mapping the H-1B, L-1 or TN bridge that keeps you working meanwhile (our neighbouring pages).
Pre-filing checklist
- Category mapped to your actual evidence file with counsel.
- PERM question answered before timelines are promised. Current Visa Bulletin read, and re-read monthly.Government fees read at the official schedule on filing day.The nonimmigrant bridge (H-1B, L-1, TN) planned in parallel.Family derivative statuses mapped in the same plan.
FAQ
Is this legal advice?
No: general information only; a licensed immigration attorney reads your facts, and USCIS pages of the day control.
References
Sources and references
Official pages consulted for this guide; confirm the current versions at the source.
USCIS, Working in the United States : Category framework; overview page did not render June 11, 2026: read directly.
U.S. Department of State, Temporary Worker Visas : The nonimmigrant bridge categories beside the EB ladder. Consulted June 11, 2026.
Bank of Canada, Daily exchange rates : Official CAD/USD rate. Consulted June 11, 2026.
Sources and references
Public sources verified as of the last review date.
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USCIS : Employment-Based Immigration: First Preference EB-1. uscis.gov/eb-1
USCIS : Employment-Based Immigration: Second Preference EB-2. uscis.gov/eb-2
USCIS : Employment-Based Immigration: Third Preference EB-3. uscis.gov/eb-3
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). justice.gov/dhanasar
8 CFR §204.5 : Petitions for employment-based immigrants. cornell.edu/8-cfr-204.5
DOL PERM Labor Certification (ETA-9089). dol.gov/perm
DOS Visa Bulletin. travel.state.gov/visa-bulletin
Disclaimer
This guide is for educational purpose only. Figures, rates, thresholds, timelines and rules are drawn from public sources at the date shown and may change.
For any concrete decision, consult a licensed US immigration attorney and a cross-border tax attorney.