LMIA Advertising Exemptions

Overview

Generally, as part of the LMIA process, Canadian employers must demonstrate that employing a foreign worker will have a positive or neutral impact on the Canadian labour market, and that there is currently no Canadian citizen or permanent resident available to fill the position, which is typically done by advertising the position on several venues.

However, for certain situations, advertisement and recruitment are not required, thus eliminating what is often the most problematic aspect of a LMIA application. Not having to demonstrate proper advertisement and sufficient recruitment efforts renders the process significantly more expeditious and increases the likelihood of LMIA success. Although the application process is facilitated, the employer must still pay the $1,000.00 government processing fee.

The list of advertising exemptions includes, but is not limited to, the following:

Quebec Facilitated Process

Quebec’s facilitated processing occupations list is updated annually. This list is for the recruitment of temporary foreign workers only (not business owners). Some occupations are included in the Global Talent Stream occupations list. 

Specialized Service Technicians

To qualify for this advertising exemption, a company must demonstrate that the work to be performed is highly specialized and that the individual has proprietary knowledge and/or experience related to the work to be performed in Canada. The work must be limited in duration (normally six months or less) and there must not be any opportunity for Canadians to be trained. Examples include, but are not limited to, servicing equipment manufactured outside of Canada and installation of specialized equipment requiring proprietary knowledge.