Employers are able to hire temporary workers without the need for a Labour Market Impact Assessment (LMIA) under the International Mobility Program, provided that Canada can benefit from broader economic, cultural, or other competitive advantages, or if Canadians and permanent residents can enjoy reciprocal benefits.

The LMIA exempt Offer of Employment submitted at the Employer Portal will be required along with proof of Employer fee payment and detailed evidence of how the foreign national’s work provides a significant benefit economically, socially or culturally to Canada.

There are three major considerations under this program.

Significant benefit considerations which could be:

• Support for Canada's overall economy, which could include job creation, regional or remote development, or the expansion of export markets for Canadian products and services.
• Advancement of a specific Canadian industry, such as through technological development, innovation in products or services, or opportunities for Canadians to improve their skills.
• Improvement in the physical and mental health of society on a national or regional level.
• Promotion of greater tolerance, knowledge, or opportunities for cultural exchange among groups with similar backgrounds.

Economic benefit considerations

• Economic benefits refer to advantages that can contribute to a company's growth, expansion, or ongoing operations, resulting in fiscal benefits and providing a competitive edge for Canada's business community.
• To demonstrate that a foreign national's work will offer a significant economic benefit to Canada, there must be documented evidence that it will prevent job disruptions for Canadians or permanent residents, leverage the individual's substantial work experience to secure business deals that benefit the Canadian economy, promote Canadian industries through market expansion, job creation, or innovative products or services, avert disruptions to major Canadian events that have job or growth implications, create employment or training opportunities for Canadian citizens, registered Indians, or permanent residents, or provide economic stimulus to remote regions.
• In order for a foreign national's employment to be considered a significant economic benefit to Canada, it must contribute to a company's growth or continuity and provide fiscal advantages that give Canada's business community a competitive edge. This can be demonstrated by evidence showing that the individual's work will prevent job losses among Canadians or permanent residents, leverage their experience to negotiate business deals that benefit Canada's economy, advance Canadian industries through market expansion, job creation, or innovative products or services, avert disruptions to major Canadian events with implications for jobs or growth, create training or employment opportunities for Canadian citizens, registered Indians, or permanent residents, or stimulate economic activity in remote areas.

Social benefit considerations

• The work of the foreign national will offer significant benefits to external third parties who are not directly involved in the transaction. This can be demonstrated by evidence that the individual's work will help address health and safety risks for Canadians or permanent residents, enhance the image and pride of a community, encourage local investments in heritage resources and amenities that support tourism, develop products that improve environmental sustainability, or promote social inclusion in communities.
• To qualify for the exemption, the foreign national's work must provide significant external benefits to third parties who are not directly involved in the transaction. This may include evidence that the individual's work will help mitigate health and safety threats for Canadians or permanent residents, promote a positive image and enhance the pride of a community, encourage investments in heritage resources and tourism-related amenities, develop environmentally friendly products, or strengthen social inclusion in communities.

Cultural benefit considerations

• The foreign national's work may qualify as a significant cultural benefit to Canada if there is evidence that they have received national or international awards or patents, are a member of an organization that requires excellence of its members, have served on a peer review panel or as an authority to judge the work of others, have been recognized for significant contributions to their field by peers, governmental organizations, or professional/business associations, have made scientific or scholarly contributions to their field, have published in academic or industry publications, have held a leadership role in an organization with a distinguished reputation, or are renowned for their artistic or cultural achievements.
• To be considered a significant cultural benefit to Canada, the foreign national's work must meet certain criteria, such as having received national or international awards or patents, being a member of a prestigious organization, serving as a peer reviewer or authority in their field, being recognized for outstanding contributions by peers or organizations, making significant scientific or scholarly contributions, publishing in academic or industry journals, holding leadership roles in reputable organizations, or being renowned for artistic or cultural achievements. This evidence can demonstrate that the individual's work is of exceptional quality and value to Canada's cultural landscape.

Please contact us for further details and if you have any questions.