LMIA Advertising Exemption: Specialized Service Technicians/Service Providers
Published:
29 mars 2016
Author(s):
We updated this publication on May 17, 2023.
Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers applying for a LMIA must generally satisfy minimum advertising requirements, an arduous and expensive process. But there are exemptions to this advertising requirement – including one when the work the Temporary Foreign Worker will perform requires a specialist with proprietary knowledge and/or experience related to that work, the duration of the work is limited and there is no opportunity for Canadians to be trained. There’s no legislative authority for this or any exemptions; they are provided for in a policy manual written by Employment and Social Development Canada (ESDC). All that’s currently available about them is vague information listed on the ESDC’s website, although the federal government has promised an updated owner/operator manual for some time. In the meantime, here’s a look at the specialized service provider exemption and practical tips to use it.
Application. The applicant’s submission letter will request an exemption to the minimum advertising requirements under the specialized service technicians/service provider category. In its submissions, the employer should include descriptions of:
- The nature of the employer’s business to provide some context about the role the specialized provider will fill.
- The project or the role the employee will undertake, in detail.
- The employee’s specific experience, including the number of years the employer has employed them and any proprietary knowledge of the employer’s products or services they hold.
- How the employee’s role in this position is critical to the success of the project or more broadly, the success of the business.
Required Documents. You must provide the supporting documentation required for a typical LMIA application, including incorporation and tax documentation, proof that the company is actively engaged in business and a job description and copy of the foreign worker’s resume. In addition, however, an employer should support its application in the specialized service technicians/service providers category with a letter from the company or the employer to which the employee will be providing their services that includes:
- The purpose for which the company requires the services of the specialized service provider.
- The duration for which the employer will require the services of the specialized service provider.
- A description of the role and responsibilities the specialized service provider will be required to fulfill.
- A description of the service provider’s specialized knowledge and experience, including an explanation of why this knowledge is unique and proprietary.
- An explanation of why the specialized knowledge is crucial for the position.
Transition Plan. Generally, ESDC requires the employer to commit to a transition plan before approving the hiring of a foreign worker, including for specialized service technician/service provider LMIA applications. But there are cases in which ESDC will waive the transition plan requirement. In most cases, a transition plan will be provided in support of the foreign worker’s application for permanent residency. However, when you need to hire a specialized service provider for a short period of time to perform a specific task or complete a specific project, as is often the case, you can ask ESDC to waive the transition plan requirement due to the short duration of the foreign worker’s time in Canada.
Please contact your McInnes Cooper lawyer or any member of our Business Immigration Law Team @ McInnes Cooper to discuss obtaining an LMIA for your foreign workers.
