Work Permit vs LMIA: What Filipino Workers Need to Know (2026 Guide)

If you are a Filipino worker planning to come to Canada or already working here, you have probably come across the terms LMIA and work permit. Many people confuse these two documents or use them interchangeably, but they serve very different purposes in Canada’s immigration system. Understanding the difference can save you time, money, and stress.

This 2026 guide breaks down everything you need to know about LMIAs and work permits, including recent policy changes, Filipino-specific pathways, your rights as a worker, and common mistakes to avoid.

What Is an LMIA?

A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer must obtain from Employment and Social Development Canada (ESDC) before they can hire a foreign worker. The LMIA process confirms that:

• There is a genuine need for a foreign worker to fill the position
• No qualified Canadian citizen or permanent resident is available for the job
• Hiring a foreign worker will not negatively impact the Canadian labour market

A positive LMIA (sometimes called a “confirmation letter”) means the government has approved the employer’s request. The worker can then use this positive LMIA to apply for their work permit.

What Is a Work Permit?

A work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to work in Canada. While the LMIA is the employer’s document, the work permit belongs to the worker.

The typical process works like this:

1. The employer obtains a positive LMIA from ESDC
2. The employer provides the LMIA number to the worker
3. The worker applies for a work permit from IRCC using the LMIA number
4. IRCC issues the work permit if all requirements are met

However, not all work permits require an LMIA. Some work permits are LMIA-exempt, meaning the worker can apply without the employer going through the LMIA process first.

LMIA vs. Work Permit: Key Differences

	LMIA	Work Permit
Who applies?	Employer	Worker (foreign national)
Issued by	ESDC	IRCC
Purpose	Proves no Canadian worker is available	Authorizes foreign national to work in Canada
Who pays?	Employer pays $1,000 per position	Worker pays $155 work permit fee + $100 open work permit holder fee (if applicable)
Validity	6 months	Varies (typically matches job offer duration, up to 2-3 years)
Always required?	No (many LMIA-exempt pathways exist)	Yes (anyone working in Canada needs a valid work permit or be exempt)

Types of Work Permits

There are two main types of work permits in Canada:

1. Closed (Employer-Specific) Work Permit

A closed work permit ties you to a specific employer, location, and occupation. You can only work for the employer named on your permit. Most closed work permits require the employer to first obtain a positive LMIA.

Conditions on a closed work permit typically include:

• Name of the employer you can work for
• Duration of employment
• Location of work
• Type of work (NOC code)

2. Open Work Permit

An open work permit allows you to work for any employer in Canada (except those on the ineligible employer list). No LMIA is needed. Open work permits are available in specific situations:

• Spousal Open Work Permit (SOWP): For spouses or common-law partners of skilled workers or international students
• Post-Graduation Work Permit (PGWP): For international students who graduated from eligible Canadian institutions
• Bridging Open Work Permit (BOWP): For workers who have applied for permanent residence and their current work permit is expiring
• Open Work Permit for Vulnerable Workers: For workers experiencing abuse or at risk of abuse from their employer
• Interim pathway open work permits: For certain applicants already in Canada awaiting PR decisions

The LMIA Process: What Employers Must Do

Understanding the LMIA process helps you know what your employer should be doing on their end. Here is how it works:

Step 1: Advertise the Position

The employer must advertise the job for a minimum of 4 weeks before applying for an LMIA. They must use at least three recruitment methods, including:

• Job Bank (mandatory for most positions)
• Two additional methods appropriate for the occupation (e.g., industry job boards, local newspapers, recruitment agencies)

As of January 1, 2026, the requirement to provide proof of advertisement has been reinstated for primary agriculture positions as well.

Step 2: Offer the Prevailing Wage

The employer must offer a wage that meets or exceeds the prevailing wage for the occupation and region. You can check wage data on the Job Bank wage report.

Step 3: Pay the LMIA Processing Fee

The employer pays a $1,000 processing fee per position. This fee is non-refundable, even if the LMIA is denied.

Step 4: Submit the LMIA Application

The employer submits the application to ESDC with all supporting documents, including proof of recruitment efforts, the job offer details, and business legitimacy documents.

High-Wage vs. Low-Wage LMIA Streams

Whether a position falls under the high-wage or low-wage stream depends on the provincial or territorial median hourly wage:

Stream	Wage Threshold	Key Requirements
High-Wage	At or above the provincial/territorial median hourly wage	Employer must submit a transition plan showing how they will reduce reliance on temporary foreign workers over time
Low-Wage	Below the provincial/territorial median hourly wage	Employer cap of 10% of workforce (reduced from 20%); maximum employment duration of 1 year; employer must provide transportation and housing

LMIA Processing Times

Stream	Typical Processing Time
Global Talent Stream	10 business days
High-Wage Stream	Several weeks to months
Low-Wage Stream	Several weeks to months
Agricultural Stream	Several weeks
Caregiver Stream	Several weeks

LMIA-Exempt Work Permits

Not every work permit requires an LMIA. Under the International Mobility Program (IMP), certain categories of workers are exempt from the LMIA requirement. Canada has set an admissions target of 170,000 for LMIA-exempt work permits in 2026, a 32% increase from the previous year, signalling a strategic shift toward these pathways.

Common LMIA-exempt categories include:

Category	Description	Regulation
Intra-Company Transfers (ICT)	Employees transferring within a multinational company to a Canadian branch	R205(a) — C12
CUSMA/CETA Professionals	Professionals from the US, Mexico, or EU member states under trade agreements	R204(a)
Significant Benefit	Workers whose employment provides significant social, cultural, or economic benefit to Canada	R205(a) — C10
Reciprocal Employment	Canadians receive similar benefits in the worker’s home country	R205(b)
Canadian Interests	Workers whose employment advances broader Canadian interests	R205(d) — C50
Atlantic Immigration Program	Employer-designated positions in Atlantic provinces (NB, NS, PE, NL)	Employer designation replaces LMIA

Filipino-Specific Pathways

Filipinos are among the largest groups of temporary foreign workers in Canada, particularly in caregiving, food service, and hospitality. Here are the pathways most relevant to the Filipino community:

Caregiver Programs

Canada launched the Home Care Worker Immigration Pilots in March 2025, offering caregivers permanent residence on arrival. This was a landmark change from previous programs that required years of Canadian work experience before applying for PR. The two pilot streams are:

• Home Child Care Provider Pilot: For caregivers providing childcare in a private home
• Home Support Worker Pilot: For caregivers providing care to individuals with medical needs or seniors

Temporary Foreign Worker Program (Food Service, Hospitality, Agriculture)

Many Filipino workers come to Canada through the TFWP in sectors like food service, hospitality, meat processing, and agriculture. Key changes in 2024-2026:

• Low-wage TFW cap reduced from 20% to 10% of the employer’s workforce
• Maximum employment duration for low-wage positions reduced to 1 year (down from 2)
• LMIA validity reduced to 6 months
• Low-wage LMIAs are not processed in regions with unemployment rates of 6% or higher
• Stricter employer compliance inspections and audits

Rural Community Immigration Pilot (RCIP)

The RCIP, which replaced the former RNIP, helps smaller communities attract and retain foreign workers. Filipino workers with a job offer from a designated rural community employer may be eligible for permanent residence. The RCIP does not require a traditional LMIA, as communities recommend candidates directly.

Atlantic Immigration Program (AIP)

The Atlantic Immigration Program covers New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador. Employers can hire foreign workers through a designation process instead of the LMIA process.

Recent Policy Changes (2024-2026)

Canada’s temporary foreign worker landscape has changed significantly. Here is a summary of the most important recent changes:

Change	Details	Impact on Filipino Workers
Low-wage TFW cap reduced	10% of employer workforce (down from 20%)	Fewer low-wage positions available
Low-wage duration reduced	Maximum 1 year (down from 2)	Must renew permits more frequently or find PR pathways
LMIA validity shortened	6 months	Employers must act faster
Regional unemployment restrictions	No low-wage LMIAs in CMAs with 6%+ unemployment	Some cities blocked; 8 CMAs reopened Jan 2026
Agriculture advertising reinstated	Proof of advertising required for primary agriculture (Jan 2026)	Agricultural employers must prove recruitment efforts
IMP admissions increased	170,000 target for LMIA-exempt permits (32% increase)	More LMIA-exempt opportunities
Caregiver pilots paused	Home Care Worker pilots not reopening in 2026	Must explore alternative pathways
Stricter employer inspections	ESDC increasing compliance audits	Better enforcement of worker protections

Your Rights as a Foreign Worker in Canada

Whether you hold an open or closed work permit, you have the same workplace rights as Canadian citizens and permanent residents.

Open Work Permit for Vulnerable Workers

If you are experiencing abuse or are at risk of abuse from your employer, you may be eligible for an open work permit for vulnerable workers. This special permit allows you to leave your abusive employer and work for any eligible employer in Canada. Abuse can include physical, sexual, psychological, or financial abuse, as well as reprisals for asserting your rights.

Confidential tip line: If you suspect employer abuse, contact Service Canada at 1-866-602-9448.

Common Mistakes to Avoid

We see these mistakes frequently among Filipino workers navigating the Canadian immigration system:

Frequently Asked Questions

Can I apply for a work permit without an LMIA?

Yes, if your situation falls under an LMIA-exempt category. Examples include open work permits (PGWP, SOWP, BOWP), intra-company transfers, and positions under the Atlantic Immigration Program or trade agreements like CUSMA.

How long does the LMIA process take?

It depends on the stream. The Global Talent Stream takes approximately 10 business days. Other streams can take several weeks to several months. Add to this the mandatory 4-week advertising period.

Can I change employers on a closed work permit?

Generally, no. You must apply for a new work permit tied to the new employer. However, if you are experiencing abuse, you may apply for an open work permit for vulnerable workers.

What happens if my LMIA is denied?

The employer can reapply with a stronger application, try a different program (like the Atlantic Immigration Program), or the worker may explore LMIA-exempt pathways.

Can my employer hold my passport?

Absolutely not. It is illegal for your employer to confiscate or hold your passport, work permit, or any other personal documents. Contact ESDC’s confidential tip line at 1-866-602-9448.

Is there a pathway from a work permit to permanent residence?

Yes, several pathways exist. Canadian work experience earned on a valid work permit counts toward Express Entry (Canadian Experience Class), Provincial Nominee Programs, the Atlantic Immigration Program, and other PR pathways.

How JCA Law Office Can Help

At JCA Law Office Professional Corporation, we understand the unique challenges Filipino workers face in navigating Canada’s immigration system. Our team speaks Filipino (Tagalog) and has extensive experience with work permits, LMIA processes, and pathways to permanent residence.

We help with:

• Advising employers on the LMIA application process
• Work permit applications (new, extensions, and changes)
• LMIA-exempt work permit applications
• Open work permit applications (SOWP, BOWP, vulnerable workers)
• Transition from work permit to permanent residence
• Employer compliance and audit support
• Worker rights consultations

Related Resources

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently. For advice on your specific situation, please contact JCA Law Office for a consultation. Last updated: February 2026.