IRPA s.30 / LMIA-Exempt CUSMA / International Mobility Program
Canada Work Visa & LMIA-Exempt Work Permit Guide 2026
Complete guide to Canadian work permits: LMIA-required Temporary Foreign Worker Program (TFWP), LMIA-exempt International Mobility Program (IMP) under CUSMA/USMCA, OINP, and open work permits.
Overview
Canadian work permits fall into two main streams. LMIA-Required: Employers must obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) before hiring a foreign worker, proving no qualified Canadian is available. LMIA-Exempt: Under CUSMA (formerly NAFTA) Chapter 16, U.S. and Mexican professionals in 63 listed occupations can obtain TN work permits without an LMIA. International agreements and intra-company transfers also qualify as LMIA-exempt.
Key Facts & Statutory Reference
| Item | Detail | Statutory / Official Source |
|---|---|---|
| LMIA Required | Employer must prove no qualified Canadian available | IRPA s.200 / IRPR s.203 |
| CUSMA/USMCA TN | LMIA-exempt — US/Mexico professionals (63 occupations) | CUSMA Chapter 16 |
| Open Work Permit | No employer restriction — PGWP, spousal OWP, refugee claimants | IRPR s.185 |
| Work Permit Duration | Up to 2 or 3 years depending on category | IRCC Work Permit Policy |
| Employer Compliance | ESDC employer compliance reviews — potential $100k fines | IRPR s.209.3 |
Frequently Asked Questions (FAQ)
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) confirming that hiring a foreign worker will not negatively impact the Canadian labour market. A positive LMIA confirms no qualified Canadian worker is available for the position.
Yes. LMIA-exempt categories include: CUSMA/USMCA TN professionals, intra-company transferees (ICT), international agreement holders (GATS), Post-Graduation Work Permit (PGWP) holders, and spouses of skilled workers or international students.