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IMPACT – MEDIUM
What is the change? Under new rules for positions requiring a labor market impact assessment (LMIA), work permit applications cannot be lodged until the LMIA has been approved.
What does the change mean? Companies sponsoring foreign workers in LMIA-subject jobs must complete the LMIA process and receive approval before submitting their work permit application.
Background: Citizenship and Immigration Canada announced the change in procedures in light of a recent overhaul of its work permit regime that replaced the former labor market opinion category with the new labor market impact assessment (LMIA) category.
In the past, an employer could file a work permit application or extension while a labor market opinion was pending.
BAL Analysis: The new rules require employers to pay closer attention to the timing of their LMIA process. Employers are encouraged to start the LMIA process earlier to minimize delays for new work permit applications and to ensure that extensions of existing work permits may be filed before they expire.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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