Yes, in most cases, an employer in Canada must obtain a positive LMIA before hiring a foreign worker. However, there are certain exemptions and special programs under which an LMIA may not be required. It's essential to consult with immigration authorities or legal experts to determine specific requirements for hiring foreign workers in Canada.
The processing time for an LMIA application varies depending on various factors, such as the type of LMIA being applied for, the complexity of the job offer, and the workload of the processing center. Generally, it can take several weeks to several months to receive a decision on an LMIA application.
In certain cases, foreign workers may be eligible to apply for a work permit without a positive LMIA through programs such as the International Mobility Program (IMP) or through LMIA exemptions. These programs typically apply to specific categories of workers, such as intra-company transferees, international students, or individuals with unique skills or qualifications.
If an employer is unable to obtain a positive LMIA, they may not be able to hire a foreign worker for the specified job role. In such cases, the employer may need to explore alternative options for filling the position, such as hiring a Canadian worker or permanent resident, or considering other immigration pathways for bringing foreign talent to Canada.