EB-1A Visa for Canadian Citizens (2026)

For Canadian professionals with extraordinary ability, the EB-1A visa provides a direct path to U.S. permanent residence without requiring employer sponsorship or labor certification. This employment-based, first preference category grants green cards to individuals who have reached the top of their field in sciences, arts, education, business, or athletics.

Canadian citizens benefit from no country-specific quotas or backlogs for EB-1A visas. Once your petition is approved, you can typically obtain permanent residence within 6 to 18 months, depending on whether you pursue consular processing or adjustment of status.

Because the EB-1A is a self-petition, you retain control over your application timeline and maintain career flexibility.

What is the EB-1A Visa?

The EB-1A (Employment-Based First Preference, Extraordinary Ability) is an immigrant visa category that grants permanent residence to individuals who demonstrate sustained national or international acclaim in their field. United States Citizenship and Immigration Services (USCIS) reserves this category for professionals who represent “a small percentage who have risen to the very top” of their area of expertise.

The EB-1A imposes no restrictions on profession or industry. Petitioners may come from any field, as long as they can demonstrate extraordinary ability. Examples include, but are not limited to: including:

Sciences and technology
Healthcare and medical research
Business and entrepreneurship
Education and academia
Arts and entertainment
Athletics

Key Benefits for Canadian Professionals

Current Visa Availability: Unlike many employment-based visa categories, EB-1 visas remain current for Canadian petitioners, meaning there is no waiting list. Once your I-140 petition is approved, you can immediately proceed with adjustment of status or consular processing and obtain your green card without waiting for a visa number to become available.

Faster Processing: Premium processing is available for EB-1 cases, guaranteeing that USCIS issues a decision on the I-140 petition within 15 calendar days.. Standard processing typically takes 6 to 8 months.

Permanent Solution: The EB-1A grants permanent residence, not temporary status. You receive the same green card as any other lawful permanent resident, with no need for future visa renewals or extensions.

Family Inclusion: Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries. Your entire immediate family can transition to permanent residence together.

No Employer Sponsorship Required

The EB-1A allows for self-petitioning, meaning you can file Form I-140 on your own behalf without needing a U.S. employer to sponsor you. This structure gives you complete control over your application timeline and avoids dependence on a single employer. It also provides significant career flexibility where you may change jobs, work for multiple employers, or start your own business without affecting your eligibility. Because the EB-1A does not require labor certification (PERM), you are free to work in your field for any employer or even for yourself.

This independence distinguishes the EB-1A from other employment-based green cards that tie petitioners to sponsoring employers.

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Who Qualifies for an EB-1A Visa?

The Extraordinary Ability Standard

USCIS defines extraordinary ability as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” This represents a high bar. Success requires demonstrating sustained acclaim and recognition at the national or international level.

The standard applies equally to all nationalities. Canadian citizens follow the same criteria as petitioners from any other country.

Meeting the Eligibility Criteria

You can qualify for EB-1A through two pathways:

Major International Award: Receipt of a one-time major internationally recognized award. Examples include a Nobel Prize, Olympic medal, or Academy Award. Only a small percentage of petitioners meet this threshold.

Three of Ten Criteria: Most petitioners qualify by meeting at least 3 of 10 evidence categories defined by USCIS regulations:

Awards: Nationally or internationally recognized prizes for excellence in your field
Professional Memberships: Membership in associations requiring outstanding achievements
Published Material About You: Articles in professional publications or major media discussing your work
Judging Others’ Work: Service as a judge of others’ work, either individually or on panels
Original Contributions: Original contributions of major significance to your field
Scholarly Publications: Authorship of scholarly articles in professional journals or major media
Artistic Exhibitions: Display of your work at artistic exhibitions or showcases
Leading Role: Performance in a leading or critical role for distinguished organizations
High Salary: Command of high salary or remuneration significantly above others in your field
Commercial Success: Commercial successes in performing arts (box office, sales, etc.)

Evidence Requirements & Final Merits Determination

Meeting three criteria represents the minimum threshold. USCIS then conducts a final merits determination evaluating whether the totality of evidence demonstrates you are among the small percentage at the top of your field.

Strong EB-1A applications include:

Detailed documentation for each criterion claimed
Letters from recognized experts in your field
Evidence of sustained acclaim (not isolated achievements)
Documentation of your plans to continue work in your field in the U.S.
Proof that your work will benefit the United States (this is not a statutory requirement but is helpful and often expected)

Evidence can come from accomplishments in Canada or internationally. Documents not in English require certified translations.

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EB-1A Success Stories

Artificial Intelligence Innovation

An AI data scientist with 15 years of experience faced a challenging Request for Evidence (RFE) questioning his extraordinary ability claim. His accomplishments included founding a startup serving over 600,000 users before acquisition, serving as Founding Data Scientist at a technology company with nearly $200 million in funding, and receiving prestigious technology awards.

Through comprehensive documentation explaining the significance of his contributions, including extensive media coverage in publications like TechCrunch, proof of earnings exceeding industry averages, and expert letters from AI leaders, USCIS approved his petition.

Genomics Excellence

A genomics professional with a 25-year career spanning clinical medicine, research, teaching, and biotechnology entrepreneurship secured EB-1A approval. He founded a national genomics institute and led the team that mapped a complete national genome.

His petition demonstrated six evidentiary criteria, double the minimum requirement. Evidence included authorship of scholarly articles in high-impact journals, international awards for excellence, significant media coverage of genome mapping work, and invitation to the United Nations for biotechnology discussions. The comprehensive evidence package clearly established his position at the top of his field.

International Legal Expertise

An attorney specializing in complex international legal disputes and arbitration received EB-1A approval for extraordinary ability in business. His experience included handling significant legal battles for major corporations and playing a key role in a $50 billion arbitral award litigation.

His petition demonstrated expertise through evidence of handling internationally significant cases, recognition from legal publications, membership in selective international arbitration panels, and compensation significantly exceeding typical attorney salaries. The case showed how business professionals can qualify for EB-1A through documented excellence in their specialty area.

Application Process for Canadian EB-1A Petitioners

The EB-1A process involves two main phases: (1) proving your eligibility through Form I-140, and (2) obtaining permanent residence through either Adjustment of Status or Consular Processing.

Step 1: Prepare Your I-140 Petition

Your journey starts with Form I-140 (Immigrant Petition for Alien Worker). As a self-petitioner, you file this form yourself rather than through an employer sponsor.

The I-140 package includes:

Completed Form I-140
Filing fee ($715 as of 2025)
Evidence documenting how you meet at least three criteria
Letters from experts in your field
Documentation of your plans to continue work in the U.S.
All supporting documentation, with certified translations if not in English

Premium Processing Option: For an additional $2,805, USCIS will adjudicate your petition within 15 calendar days. While this doesn’t increase approval chances, it provides rapid feedback. Many petitioners choose premium processing given the importance of the outcome.

The quality and completeness of your initial petition significantly impacts processing. Well-prepared petitions supported by strong evidence have better chances of straightforward approval.

Step 2: Wait for Petition Approval

USCIS reviews your petition and either approves it, denies it, or issues a Request for Evidence (RFE) requiring additional documentation. Processing times vary:

Premium Processing: 15 calendar days to decision
Standard Processing: 6 to 8 months typically, though this fluctuates with USCIS workload

If you receive an RFE, you’ll have an opportunity to respond with additional evidence. The 15-day premium processing clock stops when an RFE is issued and resumes after you respond.

Step 3: Obtain Your Green Card

Once your I-140 is approved, you proceed to the final stage of obtaining your green card. Your next steps depend on whether you’re physically in the U.S. or in Canada.

Adjustment of Status (If in the U.S.)

If you’re already in the U.S. on a valid status (such as H-1B, TN, E-2, O-1 or L-1), you file Form I-485 (Application to Adjust Status) with USCIS.

Many petitioners file I-140 and I-485 concurrently when visa numbers are current to save time. The I-485 filing fee is $1,440 (includes biometrics).

Along with I-485, you can file for:

Employment Authorization Document (EAD) allowing you to work for any employer
Advance Parole (AP) allowing international travel while your green card is pending

USCIS will schedule you for biometrics and potentially an interview at a local field office. After approval, your status changes to permanent resident and you receive your physical green card. Adjustment of Status typically takes 6 to 12+ months depending on the local USCIS office.

Consular Processing (If Outside the U.S.)

If you’re in Canada when your I-140 is approved, you’ll process through the U.S. Department of State to obtain an immigrant visa.

The National Visa Center (NVC) will contact you to:

Submit DS-260 Immigrant Visa Application online ($345 fee)
Provide civil documents (birth certificate, police clearance, etc.)
Pay required fees

Once your file is complete, NVC schedules an immigrant visa interview at the U.S. Consulate General in Montreal, the only consulate in Canada handling permanent immigrant visas.

Before your interview, you must undergo a medical examination with an approved panel physician in Canada. At the interview, a consular officer will:

Verify original documents
Review your EB-1A approval notice
Confirm your qualifications
Ask questions about your plans in the U.S.
Confirm no inadmissibility issues exist

After approval, your passport receives an immigrant visa stamp valid for up to 6 months. You use this visa to enter the United States, becoming a permanent resident upon entry. Your physical green card arrives at your U.S. address within 1-3 months. A $220 USCIS immigrant fee covers green card production.

Adjustment of Status vs. Consular Processing Comparison

Factor	Adjustment of Status (U.S.)	Consular Processing (Canada)
Best For	Currently in U.S. on valid status	Living in Canada or abroad
Timeline	6-12+ months for I-485 processing	4-8+ months after I-140 for NVC and interview
Work Authorization	Can obtain EAD in ~4-6 months	No U.S. work authorization until entry
Travel	Need Advance Parole to travel	Interview in Montreal, then use immigrant visa to enter U.S.
Location	Remain in U.S. throughout process	Must attend interview in Montreal
Processing Completion	Green card approved in U.S.	Become permanent resident only after U.S. entry

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Processing Times and Costs

Timeline Expectations

Total timeline from initial petition to green card varies based on several factors:

Fastest Scenario:10-12 months (With Premium Processing)

Premium processing I-140 (15 days)
Concurrent I-485 filing
No RFEs, interview waivers, and straightforward biometrics
Local USCIS office with efficient I-1485 processing (6-8 months, sometimes up to 12 months)
Biometrics completed quickly; interview waived

Typical Scenario: 16-20+ months

This reflects the experience of most EB-1A petitioners using normal I-140 processing:

Standard I-140 processing: 16.5 months for 80% of cases
Adjustment of Status: 6-12 months; or
Consular Processing: 3-9 months (Montreal dependent)

Longer Scenarios: 20-30+ months

A complex Request for Evidence or Notice of Intent to Deny (NOID) requires additional evidence
Consular backlogs delay Montreal Interview scheduling
Security/ background clearance processing time

Strategic preparation, comprehensive documentation, and experienced legal guidance help ensure a well-supported petition, reducing the likelihood of RFEs and unnecessary delays.

Government Fees and Expected Expenses

Budget for the following mandatory and optional costs when planning your EB-1A application:

Required Filing Fees:

Form I-140 filing: $715
Form I-485 (if adjusting status in U.S.): $1,440
DS-260 immigrant visa application (if consular processing): $345
USCIS immigrant fee (consular processing only): $220
Premium processing (I-140): $2,805 (optional)

Total Expected Government Fees:

Adjustment of Status with premium: ~$4,960
Consular Processing with premium: ~$4,085

These figures don’t include attorney fees if you choose professional representation. Given the substantial work required for EB-1A petitions and the high stakes involved, many petitioners choose to work with immigration counsel despite no legal requirement to do so.

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Special Considerations for Canadians

TN Visa Holders and Dual Intent

Many Canadian professionals work in the U.S. on TN status under the United States- Mexico- Canada Agreement (USMCA), formerly North American Free Trade Agreement (NAFTA). TN status requires non-immigrant intent, the stated intention to return to Canada rather than pursue permanent residence.

Filing an EB-1A petition while on TN status is permitted, but it may create challenges. U.S. Customs and Border Protection (CBP) officers may question your non-immigrant intent when you try to re-enter the U.S. on your TN visa if they know you have a pending green card application.

Options to consider:

Avoid travel: Minimize or eliminate international travel once you file your I-140 until you obtain your green card
Switch to dual-intent visa: Transition to H-1B or L-1 status before filing EB-1A, as these visas explicitly allow pursuing permanent residence
File from Canada: Complete the process through consular processing without maintaining U.S. status during the application
Consult counsel: Discuss your specific situation with an immigration attorney to evaluate risks and options

If you’re not currently in the U.S., this concern doesn’t apply. You’ll remain in Canada until you receive your immigrant visa.

Montreal Consulate Interview Process

All Canadian EB-1A petitioners processing abroad interview at the U.S. Consulate General in Montreal. The Montreal consulate handles all immigrant visa cases for Canada.

Interview preparation

Petitioners should:

Review all documents submitted to USCIS with your application
Prepare to discuss your field of expertise and U.S. plans
Bring original documents (birth certificate, passport, etc.)
Complete medical examination before your interview date
Arrive early and dress professionally

Current wait times for interview scheduling at Montreal vary. Recent petitioners have reported wait times ranging from a few months to longer depending on consulate capacity. Monitor the Montreal consulate website for current processing information.

Bringing Family Members

Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries of your EB-1A petition. They don’t need to meet any criteria themselves beyond their relationship to you.

If adjusting status in the U.S.: Family members file their own I-485 applications alongside yours. They’ll attend separate biometrics appointments and receive their own green cards.

If processing through Montreal: Include family members in your consular case. Each family member completes their own DS-260 application, undergoes medical examination, and attends the interview with you.

Important consideration: If your child is approaching age 21, consult with immigration counsel about the Child Status Protection Act (CSPA). CSPA can protect your child from “aging out” of eligibility during the application process.

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Alternative Pathways

Not every accomplished professional will meet the EB-1A standard. The “extraordinary ability” threshold represents one of the highest bars in U.S. immigration law. Several alternatives provide paths to permanent residence without requiring such heightened standards..

EB-2 National Interest Waiver

The EB-2 National Interest Waiver allows self-petition for professionals whose work has substantial merit and national importance to the United States. Like EB-1A, the EB-2 NIW doesn’t require employer sponsorship or labor certification.

Qualification requirements:

Advanced degree or exceptional ability in your field
Work that has substantial merit and national importance
Well positioned to advance your proposed endeavor
On balance, beneficial to the U.S. to waive the job offer requirement

With the EB-2 NIW, you don’t need to demonstrate you’re at the very top of your field, rather, that your work benefits U.S. national interests. Many highly skilled professionals who don’t have “extraordinary” acclaim qualify for EB-2 NIW.

O-1 Visa

The O-1 visa provides temporary status for individuals with extraordinary ability or achievements. While the O-1 uses similar criteria to EB-1A in practice, the standard can be slightly more flexible and processing is faster.

Key differences from EB-1A:

Temporary status (initially up to 3 years)
Requires U.S. employer or agent sponsor
Cannot self-petition
Provides work authorization only for sponsoring employer
Unlimited one-year extensions available

Some professionals use the O-1 as a stepping stone. They work in the U.S., build additional accomplishments, and later transition to EB-1A or EB-2 NIW for permanent residence.

Next Steps

If you’re a Canadian professional considering the EB-1A pathway, evaluate whether your accomplishments meet the extraordinary ability standard. Review the ten criteria carefully and assess which ones you can document with strong evidence.

The EB-1A represents a significant opportunity for Canadians at the top of their fields. The combination of self-petition flexibility, current visa availability, and permanent residence makes this category particularly attractive. However, the high evidentiary bar means thorough preparation is essential.

Your specific circumstances will determine the best approach. Factors to consider include:

Strength of evidence across the ten criteria
Current immigration status if in the U.S.
Timeline requirements
Career and family situation
Alternative visa options

Given the complexity of EB-1A petitions and the significance of the outcome, most petitioners benefit from professional guidance. An experienced immigration attorney can evaluate your credentials, develop strategy, and help present your case in the most compelling way.

Ready to explore whether the EB-1A is right for you?

Fill out the questionnaire to assess your eligibility and begin the evaluation process. We’ve successfully guided professionals from over 100 countries through complex immigration matters, with extensive experience in self-petition categories like EB-1A and EB-2 NIW.

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EB-1A Visa for Canadian Citizens: Your Path to U.S. Permanent Residence (2026)

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