LMIA-Exempt Process

Overview of the Process for Hiring a Temporary Worker Without an LMIA

Businesses that are exempt from the need to obtain a Labour Market Impact Assessment (LMIA) under one of the exemptions still need to complete a few steps before they can employ a temporary foreign worker. The LMIA-exempt process allows a foreign worker to start working faster compared to the LMIA-based process. If you are unsure about the need for an LMIA, begin by understanding the general rules and options for hiring foreign workers in Canada.

Roadmap of the LMIA-Exempt Process

There are two pathways in the LMIA-exempt hiring process:

1. ‍When a temporary foreign worker already holds an open work permit: This requires minimal action from the employer’s side. The terms (like wage, location, or employer) are not restricted by the work permit as it is open, so the foreign national can work as long as the work permit is valid.‍
2. When a foreign national has a job offer from a specific employer: The job falls under a category that does not require an LMIA. However, to apply for an LMIA-exempt work permit, the employer must submit an Online Offer of Employment first. In this scenario, the process includes the following stages:
   • ‍Employer Portal Registration: For a first job exempt from an LMIA, the initial step is the registration of a business on the Employer Portal. The primary employer contact can register by entering basic business information, such as business name, business number, location, number of employees, industry of operation, and primary contact details. This registration is instant.‍
   • Online Offer of Employment: When an LMIA is not required, employers need to submit all the terms of employment to the IRCC by filling out the online form through the Employer Portal. This includes the job title, duties, employment start date and duration, job requirements (education, work experience, training, etc.), LMIA exemption code and justification, job location, wage, benefits, and the foreign worker's name, passport number, date of birth, and country of residence. Employers must submit this offer online and pay the Employer Compliance Fee of C$230.‍
   • Provide an LMIA-Exempt Offer of Employment Number to the Foreign National: Once the job offer is submitted, the employer will obtain a confirmation number, which starts with a letter followed by digits, and will need to provide this number to the foreign national, who will then need to include this number on their visa application form for a work permit.‍
   • LMIA-Exempt Work Permit: The foreign national will have to apply for a work permit and can start working for the employer once it is issued. Such an LMIA-exempt work permit will list specific conditions: employer name, job title, job location, issue and expiry date. This means that the temporary foreign worker is restricted to working for the employer who offered them the job, and under the terms specified in the job offer and on the work permit. To change these terms, the employer would need to submit a new offer and the foreign worker would need to apply for a new work permit.

Start LMIA-Exempt Process

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-416-915-0808 or email info@leromlaw.com for additional information you need to start the process.