Employers in Canada can hire foreign workers if the LMIA process demonstrates that no Canadian citizen or permanent resident is available, willing, or qualified to fill a particular position. To obtain an LMIA and potentially interview Canadian residents or permanent residents, the position must be advertised for at least four weeks.
The company can then proceed with hiring a foreign worker only if it can demonstrate that the interviewees did not fulfill the requirements of the job description. The employee must then apply for a Canadian work permit, supported by the LMIA, prior to beginning employment in Canada.
Certain LMIA applications require extensive statistical tabulation and documentation. Examples include the total number of Canadians who applied for the job, the number of employment offers given, and the total number of unqualified candidates. Employers are required to provide a written explanation as to why each Canadian who was not hired was not qualified for the position. The International Mobility Program covers work permit streams that are exempt from the LMIA; not all work permit types require one to be issued.
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