LMIA vs. LMIA-Exempt Work Permits: What Employers and Workers Need to Know

This article provides general information. Work permit eligibility depends on the exemption, job, employer, worker and place of application.

What is the difference between LMIA and LMIA-exempt work permits?

An LMIA-supported work permit normally requires the employer to obtain a positive Labour Market Impact Assessment from ESDC/Service Canada before the worker applies to IRCC. An LMIA-exempt work permit allows the employer to hire without an LMIA only when the job and worker meet a specific exemption. The worker must still qualify for the permit.

LMIA-exempt does not automatically mean an open work permit. Many exemptions lead to an employer-specific permit. A work permit exemption is a different question: it concerns whether the activity requires a work permit at all.

LMIA-supported vs LMIA-exempt vs open work permits

Route	Employer process	Worker requirement	Employer restrictions
LMIA-supported employer-specific permit	Apply through the Temporary Foreign Worker Program and provide the positive LMIA and required job documents.	Apply for the work permit and meet IRCC requirements.	Work for the employer named on the permit, subject to its conditions.
LMIA-exempt employer-specific permit	Confirm the exemption; usually submit an Employer Portal offer and pay the compliance fee unless separately exempt.	Meet the exemption criteria and apply using the required offer information and supporting evidence.	The exemption does not remove the employer-specific conditions.
Open work permit	No LMIA, Employer Portal offer or employer compliance fee is needed to hire a valid open permit holder.	Qualify under an eligible open work permit category.	Not tied to one employer, but permit conditions and restrictions still apply.

A Canadian job offer, positive LMIA or Employer Portal offer number is not permission to start work. The worker needs the required work authorization before starting the job.

For the permit conditions themselves, read employer-specific and open work permits^[1]. Use the NOC, TEER and job duties guide^[2] to check how the actual work should be described.

LMIA-supported hiring uses the Temporary Foreign Worker Program

An LMIA is an assessment completed by Employment and Social Development Canada, usually through Service Canada. The employer—not the worker—applies.

A positive LMIA indicates that hiring the temporary foreign worker is expected to have a positive or neutral effect on Canada’s labour market. The assessment may examine the employer, occupation, wage, working conditions, recruitment and the availability of Canadians or permanent residents for the position.

There is no single checklist for every LMIA. Requirements differ among high-wage, low-wage, agricultural, caregiver, Global Talent Stream and other applications. Regional restrictions and temporary measures can also change. Employers should use the current ESDC page for the applicable stream rather than copying another company’s recruitment plan.

A worker should expect the employer to know:

• which LMIA stream applies;
• the occupation, wage and work location being offered;
• what recruitment was required;
• whether the business and position meet the stream rules; and
• which documents must be provided after a positive decision.

A positive LMIA is not a work permit

After a positive LMIA, the employer normally gives the worker the decision letter and the employment documents required for the work permit application. The worker must then apply for the employer-specific work permit and meet IRCC’s requirements.

IRCC may examine whether the worker is qualified for the position, whether the job and LMIA information match, whether the offer is genuine and whether the worker is admissible. A positive LMIA supports the application; it does not guarantee approval and does not authorize work on its own.

The resulting permit normally identifies the employer and may also restrict the occupation or work location. A worker cannot assume that an employer-specific permit allows employment for another business.

Employer and recruitment fees should not be shifted to the worker

ESDC’s LMIA program pages state that employers must not recover LMIA processing fees or recruitment-related costs from temporary foreign workers. Employers are also responsible for ensuring that a recruiter acting for them does not charge or recover prohibited recruitment fees from the worker.

This distinction matters because a worker may still have legitimate personal expenses, such as their own work permit fee, biometrics, medical examination or professional advice. Those expenses are not the same as paying an employer for an LMIA or purchasing a job.

Requests to pay for an LMIA, reimburse the employer’s recruitment expenses or send money in exchange for a guaranteed permit deserve careful scrutiny. Keep written records and verify the employer independently before providing documents or money. A genuine employer should be able to explain the position, business, wage and immigration process without selling the job.

False job offers or altered documents can lead to refusal and misrepresentation consequences for the worker, even when someone else prepared the paperwork.

Who qualifies for an LMIA-exempt work permit?

Canada’s International Mobility Program contains categories in which an LMIA is not required. The exemption must still match a specific legal or policy basis. An employer cannot choose an exemption code simply to avoid applying for an LMIA; the job and worker must meet the conditions of that category.

Examples can include work covered by certain international agreements, intra-company transferees, work that provides a significant benefit, reciprocal employment and other categories listed in IRCC’s exemption guidance. These are examples, not automatic entitlements. Each exemption has its own conditions and evidence.

In many employer-specific LMIA-exempt cases, the employer must:

1. identify the correct LMIA exemption code;
2. submit an offer of employment through IRCC’s Employer Portal;
3. pay the employer compliance fee, unless an exemption applies; and
4. give the worker the offer of employment number.

The worker then uses that information in the work permit application. Calling a position “LMIA-exempt” without identifying the exemption code and employer steps is not enough.

Some categories are exempt from the Employer Portal or compliance fee as well as the LMIA. Those are separate exemptions and should be confirmed on the relevant IRCC instructions.

Open work permits follow a different model

An open work permit is not tied to one named employer, although conditions and occupation restrictions may still appear on the document. IRCC issues open work permits only in listed situations.

Depending on current rules, eligible categories may include certain graduates, spouses or partners, permanent residence applicants and participants in specific public policies or programs. Eligibility should be checked on the official page for that category because family-member and graduate rules have changed in recent years.

An employer hiring someone who already holds a valid open work permit does not need an LMIA, an Employer Portal offer or the employer compliance fee for that hire. The employer should still confirm that the permit is valid, that the proposed work is not prohibited by its conditions and that ordinary employment standards are met.

A job offer does not make a person eligible for an open work permit. The eligibility comes from the underlying IRCC category.

Match the job documents before the worker applies

Whether the route is LMIA-supported or LMIA-exempt, the employment documents should describe the same job.

Compare:

• employer name and business address;
• occupation and main duties;
• NOC code where required;
• wage and benefits;
• weekly hours;
• work location;
• anticipated employment period;
• LMIA number or offer of employment number; and
• any licensing or certification required for the occupation.

Material differences should be resolved before submission. A worker should not be asked to sign an offer that describes a different wage, location or occupation from the job that was discussed.

Qualifications matter as well. An approved employer process does not remove the need to show that the worker can perform the position or obtain any required provincial licence.

An employer process does not preserve temporary status

Workers already in Canada must track their immigration status separately from the employer’s LMIA or Employer Portal submission.

A pending LMIA does not extend a work permit. An offer of employment number does not extend status either.

IRCC's current instructions provide a narrow filing exception for a worker whose permit expires in two weeks or less while the employer's LMIA or CAQ is still being processed. The employer must already have submitted a complete application for an LMIA or CAQ, and the worker must provide the missing decision and all other required documents within 90 days of filing the extension. If those documents are not provided on time, IRCC may refuse the application as incomplete.

The exception allows the worker to submit the extension before the employer receives a decision; it does not itself preserve status or authorize work. The worker must still file the correct application before the current permit expires. Maintained status may then apply, but the authority to keep working depends on the application and the conditions of the previous permit.

For an employer-specific permit, IRCC generally states that work continues under the same employer, job and work-location conditions while a timely extension is being processed. Changing employers^[3] usually requires a new permit or separate written IRCC authorization under an applicable policy.

Review the current work permit extension instructions^[4] before the expiry date. Do not plan around an LMIA processing estimate alone.

A job offer and permanent residence are separate questions

Canadian work experience or employer support may be relevant to a future permanent residence program, but the work permit route does not determine permanent residence eligibility.

As of March 25, 2025, IRCC no longer awards Comprehensive Ranking System points for job offers in Express Entry. A qualifying offer can still matter for certain Federal Skilled Worker or Federal Skilled Trades requirements and for a proof-of-funds exemption. Provincial programs may apply their own job-offer and employer rules.

Workers should therefore verify the current permanent residence program instead of assuming that an LMIA, LMIA-exempt permit or Canadian job will produce a particular immigration result.

Questions to settle before relying on the offer

Before a work permit application is prepared, the employer and worker should be able to answer:

• Does the worker need a work permit?
• If so, is it employer-specific or open?
• Does the employer need an LMIA?
• If the position is LMIA-exempt, what is the exemption code?
• Has the employer completed the required LMIA or Employer Portal step?
• Do the wage, duties and location match across all documents?
• Who is paying each fee, and is any employer or recruitment cost being passed to the worker?
• Is the worker qualified and admissible?
• If the worker is in Canada, what happens before the current status expires?

The correct route is the one supported by the legislation, program instructions and documents—not the label attached to the job advertisement.

Official sources

Confirm the current employer and worker requirements before applying:

• IRCC: Find out if an LMIA or work permit exemption applies^[5]
• ESDC: Hire a temporary foreign worker through the LMIA process^[6]
• IRCC: Hire through the International Mobility Program^[7]
• IRCC: Employer Portal steps for LMIA-exempt hiring^[8]
• IRCC: Employer-specific work permits^[9]
• IRCC: Open work permits^[10]
• IRCC: Extend or change the conditions of a work permit^[11]
• ESDC: High-wage LMIA requirements and fee protections^[12]
• ESDC: Low-wage LMIA requirements and fee protections^[13]
• IRCC: Express Entry job offer rules^[14]