EB-3 Visa for Canadians: Employer-Sponsored Pathway to the U.S.

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Frequently Asked Questions About EB-3 Visa for Canadians

• What are the exact requirements for Canadian applicants seeking an EB-3 visa?

  To qualify for the EB-3 visa from Canada, both you and your U.S. employer sponsor have distinct obligations to meet.

  What your U.S. employer must provide:

  • A bona fide full-time permanent job offer (not seasonal or temporary)
  • A prevailing wage determination from the U.S. Department of Labor
  • A formal PERM recruitment campaign documented to DOL standards
  • Filing of ETA Form 9089 and, after approval, Form I-140 with USCIS
  • Full coverage of PERM and I-140 costs — required by law, not optional

   

  What you must provide as the applicant:
   

  • Valid Canadian passport (at least 6 months beyond your planned U.S. entry date)
  • Employment reference letters and pay documentation confirming your work history
  • Educational diplomas or transcripts
  • Credential evaluation confirming foreign degree equivalency (where applicable)
  • Police clearance certificates from Canadian federal and provincial authorities
  • Civil documents: birth certificate, marriage certificate if applicable, and children’s birth certificates for derivative beneficiaries
  • Medical examination results from a USCIS-approved physician in Canada

• What steps must Canadians follow to successfully apply for an EB-3 visa?

  The EB-3 visa follows a structured legal framework involving both the U.S. Department of Labor and U.S. Citizenship and Immigration Services.

   

  Step 1 — Labor certification (PERM) with the U.S. Department of Labor (DOL)

  Your employer must apply for PERM labor certification using ETA Form 9089. This confirms that no qualified U.S. workers are available for the offered position and that hiring you will not adversely affect U.S. labor market conditions. PERM is required for all three EB-3 subcategories. Processing typically takes 8 to 12 months from the filing date.

   

  Step 2 — Prevailing wage determination and PERM recruitment requirements

  Before filing PERM, the employer obtains a prevailing wage determination from the DOL to confirm the minimum legal salary for the offered role in its specific U.S. location. The employer then conducts a formal recruitment campaign across DOL-approved channels, including print, online job boards, and additional required sources, and documents all applicants considered and all lawful reasons for rejection. The recruitment period typically spans 30 to 180 days.

   

  Step 3 — PERM filing and decision (labor certification approval)

  Once recruitment is complete and all records are documented, the employer files ETA Form 9089 electronically with the DOL. The DOL may approve the application, request additional documentation through an audit, or deny it. A DOL audit can add 6 to 12 months to the timeline. Upon approval, the certified PERM labor certification authorizes the employer to proceed with the immigrant petition.

   

  Step 4 — Form I-140 (Immigrant Petition for Alien Worker)

  With the certified PERM in hand, your employer files Form I-140 with USCIS. This petition confirms your qualification under the EB-3 category and your employer’s financial ability to pay the offered wage. Approval of Form I-140 establishes your priority date — the critical milestone that determines your position in the immigrant visa queue. Standard processing takes 6 to 9 months. Premium processing via Form I-907 reduces review to approximately 15 business days.

   

  Step 5 — Priority date, Visa Bulletin updates, and visa retrogression

  Your priority date is the date your PERM was filed with the DOL. Once the I-140 is approved, you wait until your priority date becomes current on the monthly Visa Bulletin published by the U.S. State Department. For Canadian applicants, there is currently no meaningful per-country backlog under EB-3 — most Canadians can proceed to the final stage shortly after I-140 approval. If visa retrogression occurs and cutoff dates move backward, your priority date and I-140 approval are fully preserved and processing resumes once your date becomes current again.

   

  Step 6 — Consular processing from Canada and immigrant visa issuance

  Because you reside in Canada, your case proceeds through consular processing at a U.S. consulate in Canada — typically in Ottawa, Toronto, Calgary, Montreal, or Vancouver. You complete the DS-260 Online Immigrant Visa Application, submit your supporting documents to the National Visa Center (NVC), complete your medical examination with a USCIS-approved physician in Canada, and attend your immigrant visa interview in person. Upon approval, your immigrant visa is stamped in your Canadian passport. When you enter the United States, you become a lawful permanent resident. Your physical Green Card is mailed to your U.S. address within 30 to 60 days of arrival.

• What are the estimated costs and legal fees for the EB-3 visa from Canada?

  The EB-3 process involves government fees at each stage. PERM filing with the DOL carries no government fee, though your employer incurs legal preparation costs. From there, your employer pays the Form I-140 filing fee of $715, and $2,805 more if premium processing is chosen. On your side as the applicant, costs begin at the consular stage: $325 for the DS-260 immigrant visa application and $235 for the USCIS Immigrant Fee for Green Card production.

  This cost split is not convention, it is a legal requirement under DOL regulations. Your employer must bear the PERM and I-140 costs by law. If any recruiter or employer asks you to cover these fees, that is a compliance red flag that puts your application at risk. Global Express Recruiting works exclusively with sponsors who meet this obligation without exception.

  Additional incidentals to plan for include the medical examination in Canada ($200–$400), document translations ($50–$200), and nominal fees for Canadian police clearance certificates. Each derivative family member, spouse and children, adds approximately $560 or more in visa fees, plus travel to your consular interview location in Canada.

• Can I apply for an EB-3 visa while living in Canada?

  Yes. Most Canadian applicants complete the full process through consular processing in Canada. You do not need to be present in the U.S. during the PERM or I-140 stages. You travel to a U.S. consulate in Canada only at the final stage for your immigrant visa interview.

• Do I need a U.S. employer sponsor for EB-3?

  Yes. Employer sponsorship is mandatory. A U.S. employer must offer you a full-time permanent position and file both the PERM labor certification and Form I-140 on your behalf. Global Express Recruiting connects qualified Canadian applicants with pre-vetted U.S. employers who are ready and legally positioned to sponsor EB-3 candidates.

• What is PERM and why is it required?

  PERM is the Program Electronic Review Management system administered by the U.S. Department of Labor. It requires your employer to demonstrate through a structured, documented recruitment campaign that no qualified U.S. worker is available for the offered role. PERM approval is required for all three EB-3 subcategories before the employer can file Form I-140.

• What is Form I-140 and what does it prove?

  Form I-140 is the Immigrant Petition for Alien Workers. It confirms that you qualify under the EB-3 category and that your employer has the financial capacity to pay the offered wage. I-140 approval establishes your priority date, which determines your position in the visa queue and when you can proceed to consular processing.

• What is a priority date and how does the Visa Bulletin affect me?

  Your priority date is the date your PERM was filed with the DOL. Once your I-140 is approved, you wait until that date becomes current on the monthly Visa Bulletin. For Canadian applicants, there is currently no meaningful backlog under EB-3, priority dates for Canada are typically current, which significantly shortens the overall timeline compared to applicants from high-demand countries.

• What happens if visa retrogression occurs after my priority date?

  If retrogression occurs and your priority date moves out of currency, your I-140 approval and priority date are fully preserved. You wait until your date becomes current again and resume processing at the consular stage. Retrogression rarely affects Canadian EB-3 applicants given Canada’s low demand relative to the annual quota.

• Can my spouse and children get Green Cards with me?

  Yes. Your spouse and unmarried children under 21 qualify as derivative beneficiaries and receive Green Cards alongside you. Your spouse may also apply for an EAD during the process to work legally in the U.S. before the Green Cards are issued.

• How do consular processing steps work from Canada?

  Once your I-140 is approved and your priority date is current, the NVC collects your supporting documents and schedules your immigrant visa interview at a U.S. consulate in Canada. After a successful interview and medical clearance, your immigrant visa is stamped in your passport. You enter the U.S. as a lawful permanent resident and your Green Card is mailed within 30 to 60 days.

• Does Global Express Recruiting provide support in other English-speaking countries?

  Yes. Our infrastructure allows us to assist professionals residing in both Canada and Australia who are seeking permanent residency in the United States. If you are in Australia, we process the EB-3 visa from Australia with the same technical rigor, connecting you with U.S. employers and coordinating every phase of the immigration process to secure your Green Card and ensure a successful relocation from any country of origin.

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