special processing instructions for the owner/operator category of the LMIA will be removed

On February 18 it was officially announced that as of April 1, 2021, special processing instructions for the owner/operator category of the LMIA will be removed. Although the program will still technically exist, the removal of this special processing effectively cancels the owner-operator program, as it will now follow the criteria of the regular LMIA.

The owner-operator LMIA currently waives the job advertisement requirement but it will be required beginning in April.  Under the owner-operator program, this measure was quite practical.  It will be challenging in most cases to prove that the role of the owner of the company cannot be adequately filled by a current resident or citizen.

The prevailing wage requirement will also now apply to owner-operators, which may make cash flow management extremely difficult.

 Thankfully, there are still other options available, and we’re here to help prepare business plans.

The LMIA owner operator program was a variation of the LMIA but several other LMIA exemption options and alternatives exist under the International Mobility Program which may be suitable.