As a Canadian business owner, you’re likely aware of the challenges in finding skilled workers. Did you know there’s a way to hire international talent without going through the Labour Market Impact Assessment (LMIA) process? Let’s explore LMIA-exempt work permits and how they can benefit your business.
What are LMIA-Exempt Work Permits?
LMIA-exempt work permits are a category that doesn’t require a Labour Market Impact Assessment. These permits are authorized under Sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR).
Why Should You Care?
- Faster Hiring Process: LMIA-exempt permits can significantly speed up your hiring timeline.
- Access to Global Talent: You can tap into a wider pool of skilled workers.
- Reduced Paperwork: Less bureaucracy means you can focus on what matters – growing your business.
How Does It Work?
Immigration, Refugees and Citizenship Canada (IRCC) has created specific LMIA exemption streams for various situations. These streams have unique administrative codes that identify different eligibility criteria.
LMIA Exemption Codes
To help you navigate the various exemption categories, here’s a sample list of LMIA-exempt codes. Each code represents a specific situation or agreement under which a foreign worker may be eligible for a work permit without requiring an LMIA:
| Immigration and Refugee Protection Act (IRPA) | LMIA exemption code (December 14 and before) | LMIA exemption code (December 15, 2022, and after) |
| Public policies issued under A25.2 (inside Canada): Open work permits for Hong Kong recent graduates Optional open work permits for permanent residence pathways for Hong Kong residents Instructions for special measures in response to global events can be found under Service delivery – Special measures. | R01 | R01 |
| Public policies issued under A25.2 (outside Canada) Instructions for special measures in response to global events can be found under Service delivery – Special measures. Open work permits for Hong Kong recent graduates Open work permits for H-1B visa holders and their family members | R01 | R02 |
| Regulation | LMIA exemption code (December 14 and before) | LMIA exemption code (December 15, 2022 and after) |
| Canada–international non-trade agreements Unique work situations: Airline personnel (operational, technical and ground personnel) United States government personnel | T11 | T11 |
| Canada-United States-Mexico Agreement (CUSMA) Traders | T21 | T34 |
| CUSMA Investors | T22 | T35 |
| CUSMA Professionals | T23 | T36 |
| CUSMA Intra-company transferee (ICT) executives or senior managers | T24 | T37 |
| CUSMA ICT Specialized knowledge | T24 | T38 |
Understanding these codes can help you identify potential opportunities to hire international talent who align with your business needs and the specific skills you’re seeking.
Important Points to Remember
- Meeting the criteria for an LMIA-exempt category doesn’t guarantee a work permit.
- The immigration officer must ensure all regulatory requirements are met, including factors outlined in section R200 of the IRPR.
- Each exemption code has its specific criteria and conditions.
Next Steps for Your Business
- Assess Your Needs: Determine if an international hire could benefit your business.
- Research Exemption Codes: Familiarize yourself with the various LMIA exemption categories listed above.
- Match Skills to Codes: Identify which exemption codes might apply to the skills your business needs.
- Consult an Expert: Consult an immigration lawyer or consultant (like us🦄) to navigate the process and ensure compliance.
By understanding LMIA-exempt work permits and the specific exemption codes, you’re opening your business to a world of talent. Stay informed about these options, and you’ll be well-positioned to leverage this opportunity for your company’s growth and success in the global marketplace.
Legal Disclaimer: The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this page are for general information purposes only. Information on this website may not constitute the most up-to-date legal or other information.
