Work Permit / LMIA Packages for Employers

Hiring foreign talent in Canada involves navigating a complex regulatory landscape governed by IRPA, IRPR, ESDC policies, provincial labour laws, and IRCC Program Delivery Instructions. Employers must prepare complete, compliant, and strategically designed packages when submitting Labour Market Impact Assessment (LMIA) applications or supporting LMIA-exempt work permit applications. A well-constructed employer package is a critical factor in approval outcomes, processing speed, and audit readiness. Mistakes—whether in job descriptions, recruitment efforts, wages, business documentation, or compliance history—can lead to refusals, penalties, delays, and long-term consequences for both employers and foreign workers.

Following is a detailed, lawyer-level guide to preparing LMIA packages and employer support documentation for work permits under both LMIA-required and LMIA-exempt pathways. It outlines mandatory elements, best practices, compliance risks, industry-specific considerations, and long-term talent acquisition strategies designed for corporate employers, startups, HR departments, recruiters, and counsel supporting business immigration operations.

Legal and Regulatory Framework

Employer packages must comply with:

• IRPA (Immigration and Refugee Protection Act),
• IRPR ss.196–209.97 (Employer Compliance Regime),
• ESDC LMIA regulations and processing manuals,
• IRCC International Mobility Program (IMP) rules for LMIA-exempt permits,
• NOC (National Occupational Classification) standards,
• provincial labour, employment standards, and wage regulations.

Types of Employer Packages

• LMIA Packages (High-Wage, Low-Wage, GTS, Agricultural, Seasonal, Caregiver, Owner-Operator†)
• IMP Employer Compliance Packages (LMIA-exempt, including ICT, CUSMA, Francophone Mobility, C10/C11)
• Hybrid Packages for companies hiring under both LMIA and IMP streams

†Note: Owner-Operator pathway has been significantly restricted.

Key Components of an LMIA Package

A complete LMIA package must include:

• Business legitimacy documentation
• Recruitment efforts evidence (except GTS)
• Job description aligned with NOC
• Wage compliance documentation
• Transition plan (for high-wage LMIAs)
• Housing and transportation plans (for low-wage/agricultural roles)
• Anti-exploitation declarations
• Fee payment ($1,000 per LMIA)
• Corporate financial documents (where required)
• Signed employment contracts

Business Legitimacy Documentation

ESDC must be satisfied that the employer is a genuine, active, and financially capable business. Required evidence includes:

• articles of incorporation,
• business licenses,
• GST/HST registration,
• tax filings (T2/T4 summaries),
• bank statements,
• financial statements,
• lease agreements,
• utility bills supporting active operations.

Crafting a Compliant Job Description

A strong job description must:

• match NOC duties and summary,
• reflect genuine operational needs,
• avoid inflated or deflated skill-level requirements,
• clearly describe tools, technologies, and responsibilities,
• align with wage levels for the region.

Inaccurate job descriptions are a major cause of LMIA refusals.

Wage Compliance Requirements

Employers must pay at least the prevailing wage for the position:

• median wage (high-wage LMIA),
• sector/industry-specific wage scales,
• regional wage standards.

Inadequate wages lead to immediate refusal.

Recruitment Requirements (Non-GTS)

ESDC requires employers to:

• advertise job postings for at least four weeks,
• use three different recruitment platforms,
• ensure ads are aligned with job duties and skill level,
• show proof of résumé screening and interview attempts.

Recruitment efforts must be genuine, well-documented, and traceable.

Global Talent Stream (GTS) Packages

GTS LMIA packages require:

• Labour Market Benefits Plan (LMBP) commitments,
• specialized global talent justification,
• processing timelines and onboarding plan,
• employer’s innovation/technology advancement strategy.

GTS is ideal for tech, engineering, AI, scientific, and high-growth companies.

LMIA-Exempt Employer Packages (IMP)

For LMIA-exempt work permits, employers must file an Employer Compliance Submission via the Employer Portal and pay the $230 employer compliance fee.

IMP package includes:

• Offer of Employment (IMM 5802 equivalent data),
• NOC classification justification,
• wage and duties alignment,
• corporate legitimacy documents,
• foreign worker details and qualifications,
• category-specific evidence (e.g., ICT proof of qualifying relationship).

Intra-Company Transfer (ICT) Evidence Requirements

• corporate structure documents,
• articles of incorporation for both entities,
• organizational charts,
• proof of foreign work experience (at least 1 year),
• payroll records abroad,
• employment verification letters,
• business plan for Canadian operations.

Employer Compliance Obligations

Employers must comply with IRPR obligations related to:

• wages,
• working conditions,
• duty consistency,
• recordkeeping,
• employment contract accuracy,
• business continuity.

Failure results in penalties including bans and monetary fines.

Common Employer Mistakes Leading to Refusals

• incorrect NOC classification,
• inconsistent job duties,
• understated wage offers,
• insufficient recruitment documentation,
• weak evidence of business legitimacy,
• failure to demonstrate transition plan (high-wage LMIA),
• missing signatures or inconsistent forms.

High-Risk Industries

• transportation,
• hospitality,
• construction,
• retail,
• manufacturing,
• agriculture,
• startups with unstable revenue.

Work Permit Packages for Foreign Workers

A complete work permit application supported by the employer must include:

• signed employment contract,
• LMIA or LMIA-exempt offer ID number,
• proof of qualifications (education, experience),
• police certificates (if required),
• medical exam (if required),
• proof of financial capacity (for initial entry),
• family documentation (if dependants accompany).

Long-Term PR Planning for Employees

• Express Entry (CEC/FSW/FST),
• Provincial Nominee Programs,
• Employer-driven permanent residence pathways,
• LMIA-supported PR points strategies,
• Canadian Experience Class after 1 year of skilled work.

Audit Preparedness for Employer Packages

• centralized recordkeeping systems,
• internal LMIA/IMP compliance audits,
• training HR on job classification and wage rules,
• documenting all recruitment steps,
• establishing policies on communication with foreign workers.

Role of Skilled Counsel

Experienced counsel ensures:

• selection of correct LMIA/IMP category,
• alignment of job duties with NOC,
• complete corporate documentation,
• risk mitigation in high-refusal sectors,
• drafting of supporting letters and business plans,
• strategic planning for long-term mobility,
• Federal Court challenges when LMIAs are refused unreasonably.

Accurate, compliant LMIA and work permit packages are essential to successful corporate immigration—protecting employers’ ability to hire globally and foreign workers’ ability to work in Canada lawfully and securely.