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Question about LMIA-exempt job offer

HocheolSeo

Full Member
Apr 24, 2018
27
4
Hi,

I'm working for my current employer on PGWP work permit for roughly 11 months since employed.

I do have a permanent job offer and my occupation is classified as NOC B (2211).

The question is,

I'm really confused about the validity to get 50 extra points for job offer under Express Entry.

I thought no matter the circumstance, if the job offer is not supported by LMIA, it's all garbage.

However I found this statement in CIC.

Some jobs are exempt from needing an LMIA.

For Express Entry, your employer doesn’t need an LMIA if you:

  1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
  2. have a valid job offer, and
  3. have a valid work permit that is exempt from an LMIA under
    • an international agreement
    • a federal-provincial agreement or
    • the “Canadian interests” category
it's all clear except for the last comment.

So is PGWP under an international agreement, a federal-provincial agreement or the "Canadian interest" category?

I'd really do appreciate for any thoughts and comments!!

Personally it seems so unclear.
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
For Express Entry, your employer doesn’t need an LMIA if you:
  1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
  2. have a valid job offer, and
  3. have a valid work permit that is exempt from an LMIA under
    • an international agreement
    • a federal-provincial agreement or
    • the “Canadian interests” category
I agree the explanation could be more clear; the key point is, to have a valid job offer in the case of an LMIA-exempt work permit holder, the employer has to be named on the permit (closed work permit), such as intra-company transfers, or NAFTA-exempt work permits.

In your case, you hold an open work permit (no employer named on it), so you would have to have an LMIA-supported job offer to be eligible for the extra points.