Who is exempt from LMIA? Can I work while waiting for LMIA?

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.

The LMIA is issued by Employment and Social Development Canada (ESDC) and assesses the impact that hiring a foreign worker would have on Canada’s labour market. There are several categories of workers who are exempt from the LMIA requirement. These include:

• Jobs covered under international agreements: This includes professionals, traders, and investors who are covered by international agreements like CUSMA or GATS, and non-trade agreements.
• Jobs in significant investment projects: This includes jobs that are covered by an agreement between Canada and a province or territory.
• Technical workers, creative and performing artists, self-employed engineers, etc.: These workers are exempt from LMIA if they have a valid job offer and a valid work permit that is exempt from an LMIA under an international agreement, a federal-provincial agreement, or the “Canadian interests” category.
• Intra-company transferees with specialized knowledge: These are employees who have been working full-time for the employer on their work permit for at least 1 year (or an equal amount of part-time work), have a valid job offer, and have a valid work permit that is exempt from an LMIA under an international agreement, a federal-provincial agreement, or the “Canadian interests” category.

It’s important to note that jobs that are exempt from needing an LMIA still need a work permit. If you are waiting for your LMIA to be approved, you may be able to work in Canada while you wait.

If you have a valid work permit and a job offer, you can continue working for your current employer while your LMIA application is being processed.