Employment and Social Development Canada (ESDC) has recently clarified their policies regarding Owner/Operator LMIAs. Under the current updated policy, applicants must demonstrate a controlling interest in the business (e.g. being the business’s majority shareholder). Additionally, applicants must not be able to be dismissed from their employment as owner/operators. Previously, applicants needed to prove “active involvement” in a business’s processes or service delivery in Canada. This vague requirement could often, but not always, be satisfied by proving an applicant was the largest shareholder in a business with at least a 33% stake. Though ESDC’s recent policy change has established more onerous ownership requirements, it has provided much-needed clarity regarding exactly what applicants must establish to satisfy the requirements of this LMIA.

The owner/operator LMIA is an attractive option to applicants looking to enter Canada to actively control and manage a business, as these LMIAs are exempt from the lengthy and cumbersome advertising requirements that apply to most LMIAs. However, it is still necessary for all applicants to satisfy ESDC that their employment will benefit the Canadian labour market.

Our team of lawyers has extensive experience with all types of LMIAs, and can help ensure your application satisfies ESDC’s challenging and ever-changing requirements. To learn more about the LMIA process and working in Canada, please contact our office.

Borders Law firm

Harmanpreet Singh

We have had an excellent experience with Borders Law firm & would like to personally thank Jenny Mao who was handling our application & was extremely prompt in her responses, well versed with the documentation & professional throughout our journey. Would strongly recommend them for a personalized service & vast knowledge on the subject

sapan purewal

Devika is the best. She is very knowledgeable and will always give her honest advice. She is very understanding and will put in extra effort if your situation demands so. I highly recommend her for all your immigration needs.

Amit Pandey

We wanted to write sincere thanks to John, Devika and Borders Law firm for the help throughout the process. John was extremely kind and thorough and he counselled with suitable options available for me on migration to Canada, documentation submissions, query resolutions, visa processing and continued personal support and follow up until the last step I am beyond grateful for their kindness and service. I will be using them for any changes to our companies immigration needs going forward. Would recommend this firm for anybody blindly looking for immigration help. They would guide you with complete transparency and professionalism. Thank you once again.

Annie Caplan

Devika and John were excellent. They understood how this process would change my life and helped me get to the US. John was extremely kind and thorough. When my employer in the US ended up trying to take advantage of me, they helped me transfer my visa to a new employer and had so much empathy for my situation and now I have a job in California that makes me so happy while helping others. I am beyond grateful for their kindness and service. I will be using them for any changes to my status going forward.

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