Corporate Immigration
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Hire a Foreign Worker
Canadian employers can recruit employees from other countries to fill job vacancies that cannot be filled by Canadian citizens or permanent residents. This process typically includes several types of application submissions based on a myriad of situations.
Labour Market Impact Assessment (LMIA)
LMIA applications are submitted by Canadian employers when they could not find local labor to fill job vacancies. The primary purpose of an LMIA is to ensure that the hiring of a foreign worker does not adversely affect Canadian workers and will result in positive or neutral effects on the local labor market.
It is a comprehensive application made to the Employment and Social Development Canada (ESDC) and goes through a thorough assessment process. Based on the position nature, wage range, and other details there are multiple categories of LMIAs an employer can apply for.
Employers are regularly audited by ESDC to ensure temporary foreign worker rights are protected and LMIA conditions are adhered to. Therefore, it is crucial that an LMIA application is carefully prepared, and all rules are followed.
LMIA-Exempt-Employer Job Offer (International)
Although most of the employers need to go through the regular LMIA application process, some job offers are exempt from the LMIA requirement under specific categories, known as "LMIA-exempt."
An LMIA-exempt employer job offer is one that falls under certain categories that exempt the employer from submitting LMIA applications, these programs are called International Mobility Program (IMP).
Some of the popular LMIA-exempt categories are:
- International Agreements
- Canadian Interests
- Provincial-Territorial Agreements
- Research and Academic Positions
- Charitable and Research Work and Such
Employers offering LMIA-exempt jobs must still submit an offer of employment application and adhere to the terms outlined in the job offer application to ensure foreign workers’ rights are protected.
Employer Compliance
The Employer Compliance process is an essential aspect of the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). This process ensures that employers comply with the conditions set by Immigration, Refugees and Citizenship Canada (IRCC) when hiring foreign workers. The goal is to protect foreign workers and ensure that the terms of their employment are fair and follow Canadian standards. Employers must keep certain records and prove when audited that LMIA or LMIA-Exempt job offer conditions are complied with. Inspections may also involve visiting the workplace, and interviewing the foreign worker and other employees.
If an employer is found non-compliant, they can face penalties such as fines, a ban from hiring foreign workers for a certain period, and the publication of their name on a public list of non-compliant employers. Penalties vary depending on the severity of the violation and the employer’s history of compliance.
