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LMIA under Quebec simplified processing: which occupations are eligible?

Équipe Immétis - 02/28/2017

On February 24, the Quebec Ministry of Immigration, Diversity, and Inclusion (“MIDI”) published a new list of occupations eligible for simplified processing. The list of occupations eligible for simplified processing is established by “Emploi- Québec” in collaboration with the Ministry and is revised annually, usually around the end of February.

How can this be useful when hiring a foreign worker?

Under the Temporary Foreign Worker Program, employers who recruit foreign workers are generally required to demonstrate, through a Labor Market Impact Assessment (LMIA), that they have made efforts to recruit and to fill the position with a Canadian. The posting of the position also must respect certain precise rules.

The simplified process does not exempt the employer from the requirement to apply for an LMIA. If the job you offer corresponds to one of the occupations in this list, you do not need to advertise the position.

Under this program, however, the employer will have to prove:

– That recruitment efforts have been made to hire a Canadian worker.

– That the foreign worker meets the requirements of the position in terms of diplomas and experience; as well as the requirements of the National Occupational Classification.

– That the hourly wage offered corresponds to the median salary of the profession; which is established by Emploi-Quebec quarterly.

The new list

The new list can be found here (French only).

Moreover, for the sake of fairness, a transitional period of 30 days has been granted to the employer or his representative to allow the examination of an application submitted according to the list of the previous year.

Marc-André RANGER, Head Paralegal and Partner

This article contains general information regarding immigration, is intended to provide a general understanding of the terms and does not constitute legal advice. For complete legal advice, contact our professionals.

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