When it comes to job offers under the Express Entry system, the majority require a Labour Market Impact Assessment (LMIA). However, some job offers are exempt from this requirement.
When is an LMIA not required?
- If you've been working full-time for the same employer on your work permit for at least a year. Part-time work counts too, but you'd need to have worked the equivalent of a full year.
- You have a valid job offer.
- Your work permit is LMIA-exempt under certain categories. These include international agreements, federal-provincial agreements, and the "Canadian interests" category.
For skilled trade jobs, you can have job offers from up to two employers.
Which jobs don't require an LMIA?
If your current temporary job is LMIA-exempt, mentions a specific employer (or up to two employers for skilled trade jobs), and falls under the following categories, then your employer doesn't need an LMIA to support your job offer:
- International agreements: These could be agreements like CUSMA or GATS and also include non-trade agreements. Professions covered by these agreements include professionals, traders, and investors.
- Federal-provincial agreements: These cover "significant investment" projects.
- Canadian interests: This category covers job offers that provide significant benefits to Canada. This could include a social, cultural, or economic benefit. Examples of jobs under this category include:
- Self-employed engineers, technical workers, artists, etc.
- Intra-company transferees with specialized knowledge
- Workers under the "Mobilité Francophone" program
- Reciprocal employment, which covers foreign workers who have jobs in Canada when Canadians have similar opportunities abroad.
- Participants in programs like International Experience Canada or exchange programs for professors and visiting lecturers.
- Individuals designated by the Minister
- Academics such as researchers, guest lecturers, and visiting professors (sponsored through a recognized federal program).
- Medical residents, fellows, post-doctoral fellows, and people who have won academic awards from Canadian schools.
- Charity and religious workers (not including volunteers).
These categories can only be exempt from an LMIA if you also meet the criteria in the first section of this page.
Even if a job is exempt from an LMIA, it still requires a work permit.
Note:
An LMIA is a document from Employment and Social Development Canada that gives the employer permission to hire a foreign worker. A positive LMIA (also known as a confirmation letter) shows that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. If your job offer doesn't require an LMIA, your employer won't have to show that no Canadian was available to do your job.
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