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Business Immigration

What does an employer need to do to hire someone from abroad?

Employers usually need to establish that hiring a foreign national is permitted before the worker can obtain status. In Canada that often means a Labour Market Impact Assessment, unless an exemption applies; in the US it typically means an employment-based visa category, sometimes with a labour condition or certification step. Timelines are long enough that they need to be built into hiring plans.

What to do next

  1. Identify the right category or exemption

    Many hires proceed under exemptions rather than the standard route — intra-company transfers, trade-agreement categories, and specialized occupations among them. Choosing the right path at the start avoids months of delay.

  2. Plan around processing times

    Assessments, petitions, and consular steps each take time, and some categories are subject to annual caps or lotteries. Confirm current timelines before committing to a start date with the candidate.

  3. Get compliance right, not just approval

    Employers carry ongoing obligations on wages, working conditions, recordkeeping, and inspections. Non-compliance can bring penalties and loss of the ability to hire foreign workers at all.

Frequently asked questions

What is an LMIA?

A Canadian assessment confirming that hiring a foreign worker is justified given the domestic labour market. Some hires are exempt, which is usually faster where an exemption applies.

Can we start the person before approval?

Generally no. Working without proper authorization has serious consequences for both the worker and the employer. Wait for the correct status.

Are there caps or lotteries?

Some categories are capped or allocated by lottery, particularly in the US. That makes timing and having a backup category important.

What are our ongoing obligations?

Typically maintaining the offered wage and conditions, keeping records, and cooperating with inspections. These continue after approval and are actively enforced.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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