LMIA - USA based company to sponsor foreign candidate in third country

[rad_mak]

Hi all,

I am currently based in India with a CRS of 438 and NOC 0124. I was recently approached by a USA based IT company for a role in India. I checked their website and found they have a couple of software engineering roles open in Montreal. I said that I can join if they help me move to Canada. They said they need to go through the LMIA process and that may take time. Meanwhile I should join here in India. They said about 3-4 people work in CA, but I can work remotely anywhere in CA. They are willing to help me, but I doubt the chances of success.

1. Does the company need to have a registered address in Canada?
2. How much time does their ad need to be active in the Canadian job bank, before considering me and starting the process?
3. Do marketing roles qualify for LMIA? I mean, is this process valid for marketing roles?
4. Do they need to be a business registered in Canada for one year? If not registration, then is it mandatory to have clients in Canada?
5. How much time should I estimate for the complete process - from they starting the application to me getting PR?

 

[scylla]

Hi all,

I am currently based in India with a CRS of 438 and NOC 0124. I was recently approached by a USA based IT company for a role in India. I checked their website and found they have a couple of software engineering roles open in Montreal. I said that I can join if they help me move to Canada. They said they need to go through the LMIA process and that may take time. Meanwhile I should join here in India. They said about 3-4 people work in CA, but I can work remotely anywhere in CA. They are willing to help me, but I doubt the chances of success.

1. Does the company need to have a registered address in Canada?
2. How much time does their ad need to be active in the Canadian job bank, before considering me and starting the process?
3. Do marketing roles qualify for LMIA? I mean, is this process valid for marketing roles?
4. Do they need to be a business registered in Canada for one year? If not registration, then is it mandatory to have clients in Canada?
5. How much time should I estimate for the complete process - from they starting the application to me getting PR?

1. Yes, they need to have operations in Canada. If they have 3-4 remote workers in Canada but no offices, the LMIA is going to be refused. I don't see any point in applying. There is no need for this role to be in Canada. This person can be located anywhere.
2. Four weeks.
3. Any NOC qualifies.
4. They need to prove business legitimacy. See this page: https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
5. For the LMIA, work permit, then PR application? Hard to say. 18 months minimum. But realistically 2+ years. There are many different factors to consider.

 

[rad_mak]

1. Yes, they need to have operations in Canada. If they have 3-4 remote workers in Canada but no offices, the LMIA is going to be refused. I don't see any point in applying. There is no need for this role to be in Canada. This person can be located anywhere.
2. Four weeks.
3. Any NOC qualifies.
4. They need to prove business legitimacy. See this page: https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
5. For the LMIA, work permit, then PR application? Hard to say. 18 months minimum. But realistically 2+ years. There are many different factors to consider.

Thanks for your answers.