If you are extraordinarily talented and want to come to the United States to work, then the O1 Visa may be exactly what you need. Canadian citizens at the top of their field can gain a nonimmigrant status under the O1 Visa and work temporarily in the US.
While there is no direct equivalent of the “O1 Visa Canada” in Canada, the country has its own immigration programs for exceptionally skilled people with different rules and processes than the US O1 Visa, such as Express Entry, Provincial Nominee Programs (PNPs), and the Self-Employed Persons Program.
Canada and the US have completely different immigration pathways, but they both welcome immigrants with extraordinary ability and achievement. In this guide, we’ll examine the O1 Visa available to Canadian citizens in the United States, the basic requirements, application process, documentation, and more.
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What is the O-1 Visa for Canada?
The O1 Visa, also known as the “talent visa” or “extraordinary ability visa,” is a non-immigrant visa in the United States. Its purpose is to attract skilled foreigners with achieved and sustained national or international acclaim for extraordinary ability to work in the US.
The O1 Visa is available to any Canadian citizen who has exceptional abilities or achievements in their field, with qualifying fields of expertise including the arts, sciences, education, athletics, TV, and motion pictures.
While Canada has its own immigration system with similar programs for exceptional talent, the O1 Visa is specifically a US Visa. If you want something like the O1 Visa in Canada, you would have to look at other Canadian immigration options, because the O1 Visa doesn’t apply there.
The O1 Visa Subcategories for Canadians
The O-1 Visa comes in two subtypes, each with its required documentation. These include:
- O-1A Visa: If you have extraordinary ability in the sciences, education, business, or athletics, the O-1A Visa is for you. This category covers professions such as researchers, scientists, professors, business executives, or professional athletes.
- O-1B Visa: If you have extraordinary ability in the arts or have obtained significant recognition and a high level of achievement in the motion picture or television industry, the O-1B Visa is the appropriate subcategory for you. This includes actors, musicians, singers, dancers, directors, producers, and other artists.
How to demonstrate extraordinary ability or achievement as a Canadian for an O1 Visa?
To qualify for an O1 Visa, Canadians must possess extraordinary ability in the sciences, education, business, athletics, or the arts. You need to demonstrate sustained national or international acclaim to the US Citizenship and Immigration Services (USCIS).
The required evidence can demonstrate your qualifications and prove you meet the visa requirements. There are several types of evidence that can support your application:
- Having a major internationally recognized award: If you have received prestigious national or international awards or honors in your field on an international level, such as a Nobel Prize, an Academy Award, or an Olympic medal, these internationally recognized prizes serve as a strong required evidence of your extraordinary ability.
- Memberships in distinguished organizations: Being a member of esteemed professional associations or organizations whose membership requires outstanding achievement related to your field can demonstrate your exceptional standing and recognition within your industry. Examples include membership of the National Academy of Sciences or the Royal Society.
- Publications and scholarly contributions: Providing evidence of your significant contributions to scholarly articles, published materials, major trade publications, research papers, books, or other major media can establish your expertise and impact in your field. This may include citations of your work by other experts or references to your research in academic journals.
- Media recognition and critical acclaim: If your work has received substantial coverage in major media, such as interviews, features, or positive reviews in prominent published materials or broadcast networks, it highlights your prominence and public national or international recognition. In the arts, you must showcase your outstanding achievements in motion pictures or the television industry as a lead or starring participant in projects of sustained national or international acclaim, achieving major commercial or critically acclaimed successes.
- Evidence of work of major significance: To demonstrate extraordinary ability, you need evidence of original scientific, scholarly, or business-related contributions of major significance in your field.
- Evidence of serving in a leading or critical capacity: This would typically entail positions in which you play or have played a key role in the performance of a company or organization.
- Evidence of high salary or remuneration: Demonstrating that you have commanded a high salary or received other significantly high remuneration for your services can further support your claim to possess extraordinary ability or evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation. This can be accomplished by providing employment contracts, tax records, or other official documentation.
- Other supporting documents: This could include any other evidence of exceptional abilities or expertise that does not fit into any of the above categories.
- Additional evidence: The USCIS may request detailed information or additional evidence to prove your case. You must clearly articulate in your application how your extraordinary ability or achievement can benefit the United States. You often need to provide a statement explaining your qualifications or provide detailed information for every claim. For example, if you work in motion pictures or the television industry, you can provide documents for box office success or television ratings.
Canadians are more likely to get approved by presenting a comprehensive portfolio of evidence to government agencies. As long as they meet the eligibility criteria, visa holders can begin employment in the US as nonimmigrant workers and extend their visa status indefinitely.
Check out our O-1 Visa ultimate guide
Application Process for an O-1 Visa for Canadians
The visa application process consists of several important steps:
- Find a US employer or petitioner. Your new employer or an agent must file a Form I-129 status petition for you with the US Citizenship and Immigration Services (USCIS). As a nonimmigrant worker, you cannot self-petition.
- Collect the required documentation. The documents you provide can demonstrate that you have extraordinary ability or achievement in your field. If you fail to provide adequate documentation, the USCIS can request additional evidence. An immigration attorney can compile the documents to save you valuable time.
- Wait for processing times. The USCIS will review your visa application, which can take 6.5 to 10.5 months for the I-129 Nonimmigrant worker petition. But with premium processing, you can reduce processing time to 15 business days.
- Get your approval notice. If your visa application gets approved, the USCIS will send you an I-797 Approval Notice. As a Canadian citizen, you don’t need an O-1 Visa stamp, only the Approval Notice, which you can present at a US Port of Entry.
- Schedule a visa interview: Canadians have to schedule an appointment for a visa interview at a US embassy or consulate in Canada to receive their O-1 Visa status.
- Move to the US: After receiving your employment authorization, you can pursue your career there.
What's the validity period of the O1 Visa for Canadians?
The O1 Visa provides employment authorization to the visa holder. The initial period for the O1 Visa is up to three years. But if you keep meeting the visa requirements, you can extend the validity period indefinitely in one-year increments.
The best thing about the O-1 Visa is that you can move to the United States ten days before your visa status begins, which gives you enough time to settle. However, you must wait to receive your O-1 Visa status to start working.
Can an O-1 Visa have dependents?
Yes, as a visa holder on an O-1 Visa, you can bring your family with you to the US on an O-3 Visa. Spouses and unmarried children can receive an O-3 status. Although family members cannot work, unmarried children can attend some of the best schools in the country.
Changing Employers on an O-1 Visa as a Canadian
When you come to the United States on an O-1 Visa, you often work for a particular company or an employer that filed the petition for you. But if you are planning on changing employers, you need to follow a specific application process.
Your new employer must file the Form I-129 and submit it to the US Citizenship and Immigration Services (USCIS). If an agent filed the previous application, then the new employer often files an amended petition and proves their intent to hire you. You can’t change your employer unless the government approves this new application.
O-1 Visa Application Fees
O-1 comes with several visa application fees. The main USCIS filing fee for Form I-129 is $1,055 (or $530 for small employers or nonprofits) plus additional fees. To reduce processing times for Form I-129 and get a response in 15 business days, you can apply for premium processing for an extra $2,805.
There’s also a new Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits) available to I-129 petitions with extraordinary ability.
If your spouse or unmarried children apply for an O-3 Visa status while already in the US, you must file Form I-539 with USCIS, which costs $470. If they apply from outside the country, they must file the DS-160 online, which costs $205 per person.
Working with an immigration attorney can streamline the entire application process, but also comes with additional fees, ranging from $5,000 to $25,000 or over.
What is the processing time for an O-1 Visa application for Canadians?
The processing time for an O-1 Visa application is typically about 6.5 to 10.5 months for the I-129 petition for a nonimmigrant worker. To expedite the process, applicants can apply for premium processing when they submit the application form from inside the US, which costs $2,805. The advantage of premium processing is that when it is applied, the USCIS will make a decision within 15 calendar days of receiving the application.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
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- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions About O1 Visa Canada
Can I go to Canada with an O-1 Visa?
An O-1 Visa in the United States doesn’t give you the right to enter Canada. Canada has different entry requirements that vary based on your nationality, not your US visa status. If you are a Canadian citizen, you only need your passport to enter Canada. But if you are a US citizen, you don’t need a visa for Canada for short-term stays of up to 180 days.
How long does an O-1 Visa last?
An O-1 Visa is valid for up to three years. In some cases, the visa is granted to cover only a specific event and may be valid for a shorter time period.
Are Canadian citizens eligible for the O-1 Visa?
Yes, the O-1 Visa is available to Canadian citizens and individuals of all nationalities, provided they meet the extraordinary ability criteria or have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.
Are there any specific requirements for Canadian citizens?
There are no specific requirements for Canadian citizens, but it’s worth noting that premium processing is only available when an application is made within the US.
Does an O-1 Visa lead to a green card?
As an O-1 Visa holder, you become a temporary worker in the United States. You don’t get a Green Card through the visa itself, but you can apply for permanent residency through other pathways with extraordinary ability, like EB-1A, EB-1B, or EB-2 National Interest Waiver (NIW). These employment-based visas grant permanent residency in the US.
Is the O1 Visa Canada for tech entrepreneurs?
The O-1 Visa in the United States is perfect for Canadian entrepreneurs who possess extraordinary achievement or ability in business or science. They can pitch their ideas and set up business ventures anywhere in the US.
How does Canadian immigration for scientists with O1-level skills work?
If you are a scientist with O-1 level skills, Canada offers different pathways for you to immigrate. That includes Express Entry, Provincial Nominee Programs (PNPs), and Global Talent Stream (GTS) for work permits, often with the potential to gain permanent residency.
