By: Nastaran Roushan
An immigration lawyer can play a crucial role in ensuring the success of a Labour Market Impact Assessment (LMIA) application or LMIA-exempt application providing expert guidance and support through the following ways:
- Comprehensive Documentation and Application Preparation: An immigration lawyer can ensure that the LMIA and work permit application is thoroughly and accurately completed, with all necessary documents correctly prepared and presented. This includes detailed job descriptions, proof of recruitment efforts, and evidence of the business’s legitimacy and need for a foreign worker. By meticulously preparing the application, the lawyer can reduce the likelihood of delays or rejections due to incomplete or incorrect information.
- Strategic Recruitment Efforts: Part of the LMIA process involves demonstrating that no Canadian citizen or permanent resident is available to fill the job. An immigration lawyer can advise on effective recruitment strategies to meet Employment and Social Development Canada (ESDC)’s requirements. This may include guidance on where and how to advertise the job position, how to document the recruitment process, and how to demonstrate that no suitable Canadian candidate was found for the role.
- Navigating Complex Regulations: Immigration laws and regulations in Canada, including those surrounding the LMIA and LMIA-exempt process, are complex and subject to change. An immigration lawyer with up-to-date knowledge can navigate these complexities, offering advice tailored to the specific circumstances of the employer and the prospective employee. This includes understanding the nuances of different LMIA streams (such as high-wage, low-wage, agricultural, or caregiver positions) and LMIA-exempt streams programs (such as international trade agreements and significant benefit exemptions), and how they apply to the employer’s situation.
- Effective Communication with Service Canada and IRCC: An immigration lawyer can act as a liaison between the employer and Service Canada (the agency that processes LMIA applications), as well as between the employer and IRCC (the agency that processes work permits). This includes responding to any queries, providing additional information as requested, and advocating on behalf of the employer. Effective communication can help clarify the employer’s needs and expedite the assessment process.
- Risk Mitigation and Compliance Advice: An immigration lawyer can provide valuable advice on compliance with Canadian immigration and employment laws, both during the application process and after a foreign worker is hired. This includes guidance on meeting wage and working condition requirements, maintaining proper records, and adhering to the terms set out in the LMIA and work permit. By ensuring compliance, the lawyer can help mitigate the risk of legal issues or penalties that could arise from non-compliance.
By leveraging the expertise of an immigration lawyer, employers can improve their ability to have a sucessful LMIA and LMIA-exempt application, facilitating the hiring of foreign workers in a manner that complies with Canadian laws and regulations.
SWL is ready to help you build a globally competitive workforce. Please contact Nastaran Roushan at [email protected] to discuss your business immigration matter.
