How hard it is to get an LMIA?

[pgq]

Last year the company I work for had 3 open positions for software developers - NOC 2174. After interviewing several people we were only able to fill 1 spot with a Canadian. We then hired a freelancer from outside Canada that I had worked with before and knew his capacities and left the spot open for now. The freelancer now is interested in coming to Canada and the company is also interested in bringing him a salary equal to our region's median for their area. He doesn't have enough points for EE nor for the PNP so getting an LMIA is the only option.

It seems to me that since he has a large experience and the company is willing to pay an adequate wage and had already interviewed several people (we could do that again to try to fill the opening still available) getting an LMIA would be straightforward, even if time consuming, but a manager way up top says getting a LMIA is impossible.

My question is: Is the manager right or is he misguided? How hard it is to get a LMIA in this scenario?

 

[scylla]

If the company wants to hire this individual to work from Canada, they are going to have to advertise the job again (meeting the LMIA advertising requirements) for at least one full month to prove that no Canadian could be found for the role. The advertising they completed previously unfortunately doesn't count.

 

[johnjkjk]

Hi Does a job offer for LMIA need to match one's primary NOC? E.g. if my primary NOC is 2133 (electronics engineers) but I have a job offer for 0211 (engineering managers)?
Some of my 2133 experience is in a management position (chief/head engineer) and I also have paid experience in 0014 (senior managers) and several years of management experience was in the voluntary sector (no salary=not counted).

I am far more likely to get a job as a manager than a straight forward engineer.

 

[Donald Trump]

Hello everybody.
I'm a citizen of India, on H1b in USA. I'm in the express entry pool since employer won't file for greencard.
Now there's an American company needing help in Canada. Do I need lmia under nafta agreement if I get hired by that company on h1b? On a h1b, can I work in other country? I'll have to make frequent visits in USA for attending meetings and seminars.
Thanks guys. Best wishes to all.

 

[PMM]

Hi

Hello everybody.
I'm a citizen of India, on H1b in USA. I'm in the express entry pool since employer won't file for greencard.
Now there's an American company needing help in Canada. Do I need lmia under nafta agreement if I get hired by that company on h1b? On a h1b, can I work in other country? I'll have to make frequent visits in USA for attending meetings and seminars.
Thanks guys. Best wishes to all.

1/ Yes you need a LMIA as you are neither a US or Mexican citizen to work in Canada

 

[Bs65]

Hi


1/ Yes you need a LMIA as you are neither a US or Mexican citizen to work in Canada

It is all covered here http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

 

[Donald Trump]

Thanks PMM and BS65