Employer Immigration Compliance Consultation

Employer Immigration Compliance Advisory: LMIA & FSW (Foreign Skilled Worker) Compliance

Stay compliant.
Protect your business.
Reduce immigration-related risk.
In fiscal year 2024–2025, ESDC conducted 1,435 employer compliance inspections. Approximately 10% of inspected employers were found non-compliant, penalties reached approximately CAD 4.88 million, and 36 employers were banned from the Temporary Foreign Worker Program.
Today, every employer hiring foreign workers should ask three critical questions:
  • ❓Does my HR team understand the compliance requirements for hiring and retaining foreign workers?
  • ❓Does my legal or HR team understand how employment practices interact with employer compliance obligations under Canadian immigration law?
  • ❓Do I account for administrative monetary penalties of up to $100,000 per violation, to a maximum of $1 million per year?
Hiring a foreign worker is only the beginning of an employer’s compliance obligations. Canadian employers hiring through the Temporary Foreign Worker Program or the International Mobility Program must continue to meet applicable employment, documentation, and program requirements. Employers may also be selected for a federal compliance inspection.
Our Employer Immigration Compliance Advisory provides tailored support to help employers, HR departments, and corporate legal teams understand their obligations, identify compliance risks, and prepare for potential inspections.
Who is this service for?
  • Employers who hire foreign workers through the LMIA process.
  • Employers using LMIA-exempt work permits (such as ICTs, CUSMA, C10, C11, and other employer-specific work permits).
  • HR managers and recruiters responsible for foreign worker compliance.
  • Businesses preparing for an inspection or wishing to proactively reduce compliance risks.
  • Employers planning future international recruitment.
This advisory service for your internal HR and corporate legal teams may include:
  • Comprehensive review of your current immigration compliance practices.
  • LMIA compliance assessment.
  • Review of employment conditions to ensure they continue to match the approved LMIA or applicable Work Permit terms and conditions.
  • Guidance on employer obligations following the arrival of a foreign worker.
  • Advice on maintaining wages, duties, hours of work, benefits, and working conditions in compliance with immigration requirements.
  • Review of record-keeping practices and documentation that must be maintained in case of an inspection.
  • Identification of potential compliance risks and recommendations to address them before they become an issue.
  • Guidance on changes in business operations, restructuring, promotions, salary adjustments, layoffs, or other changes that may affect immigration compliance.
  • Labour market and immigration program updates that may impact your workforce planning.
  • Immigration-focused guidance for HR departments and recruiters on hiring and managing foreign workers.
  • Best practices for internal compliance procedures and employer policies.
  • Strategic guidance when preparing for or responding to an employer compliance inspection.
  • International Mobility Program and LMIA-exempt worker compliance review.
  • Review of Employer Portal submissions and employer compliance documentation.
  • Preparation for ESDC, Service Canada, or IRCC employer compliance inspections.
  • Urgent compliance response following an inspection notice or government request.
How We Help Employers Stay Compliant
➤ Proactive Employer Immigration Compliance
We help employers plan foreign-worker employment, identify the appropriate immigration pathway, and address compliance requirements before an application or Employer Portal submission is made.
Our proactive services may include:
  • assessing whether a Labour Market Impact Assessment (LMIA) is required;
  • reviewing LMIA-exempt options under the International Mobility Program;
  • assessing eligibility under CUSMA and other international trade agreements;
  • reviewing intra-company transfer categories and other LMIA-exempt work permit options;
  • reviewing Employer Portal submissions and offers of employment before filing;
  • reviewing LMIA applications, recruitment requirements, prevailing wages, and transition-plan obligations;
  • assessing whether job duties, wages, benefits, hours, and work location are consistent with the proposed immigration category;
  • identifying risks relating to remote work, hybrid work, multiple locations, temporary assignments, or changes in reporting structure;
  • reviewing employment agreements and offer letters for consistency with immigration submissions;
  • assessing the immigration implications of mergers, acquisitions, restructurings, or changes in ownership;
  • advising on required payroll, recruitment, employment, and corporate records;
  • developing internal immigration-compliance procedures and document-retention systems;
  • conducting internal compliance reviews in preparation for potential LMIA or International Mobility Program inspections; and
  • providing compliance training to human resources, payroll, management, and recruitment teams.
➤ Ongoing Employer Immigration Support
Employer immigration obligations continue after an LMIA is approved, an offer of employment is submitted through the Employer Portal, or a foreign worker begins working in Canada.
We provide ongoing support with:
  • changes to wages, benefits, job duties, job title, working hours, or work location;
  • promotions, transfers, temporary assignments, and changes in reporting structure;
  • restructuring, layoffs, reductions in hours, leaves of absence, business closures, or changes in ownership;
  • determining whether a new LMIA, Employer Portal submission, or work permit application may be required;
  • LMIA renewals and new LMIA applications;
  • Employer Portal submissions and updated offers of employment;
  • work permit extensions and changes in employment conditions;
  • maintained-status issues and continued authorization to work;
  • changes affecting a foreign worker’s status, passport, permit, or authorization to work;
  • termination, resignation, suspension, or temporary layoff;
  • reviewing payroll and employment records for consistency with the approved LMIA or Employer Portal submission;
  • ongoing document-retention obligations;
  • preparation for possible LMIA inspections or International Mobility Program inspections;
  • responding to routine or follow-up correspondence from ESDC, Service Canada, or IRCC; and
  • identifying and addressing inconsistencies before they develop into more serious compliance concerns.
➤ Emergency Compliance Response
We assist employers who receive an inspection notice, compliance review, document request, procedural fairness letter, or other urgent correspondence from Service Canada, or IRCC.
Our emergency response services may include assistance with both LMIA-based inspections and International Mobility Program inspections involving LMIA-exempt workers and Employer Portal submissions.
Depending on the circumstances, we may assist with:
  • reviewing the notice, request, or procedural fairness letter;
  • identifying the response deadline and immediate priorities;
  • determining the scope of the inspection or compliance review;
  • preparing a customized document checklist;
  • reviewing the approved LMIA, Employer Portal submission, offer of employment, and work permit;
  • comparing the submitted employment terms with the worker’s actual employment;
  • reviewing wages, benefits, hours, duties, job title, reporting structure, and work location;
  • reviewing recruitment records, transition-plan obligations, payroll records, timesheets, tax documents, and employment agreements;
  • reviewing corporate records, ownership documents, organizational charts, and evidence of business operations;
  • identifying inconsistencies, omissions, or potential compliance concerns;
  • assessing whether any differences may be justified under applicable regulatory exceptions;
  • organizing immigration, recruitment, payroll, corporate, and employment records;
  • preparing written explanations, submissions, and supporting documentation;
  • responding to follow-up questions and additional document requests;
  • preparing employers, managers, human resources personnel, payroll staff, and supervisors for interviews;
  • addressing concerns involving wages, duties, work location, layoffs, restructuring, or changes in ownership;
  • preparing responses to preliminary findings or procedural fairness concerns;
  • advising on potential consequences, including warnings, administrative monetary penalties, employer bans, publication of the employer’s name, LMIA revocation, or impact on future applications;
  • recommending corrective measures where appropriate; and
  • developing a compliance plan to reduce the risk of future issues.
Why is this important?
Employers who fail to comply with immigration requirements may face serious consequences, including:
  • Significant administrative monetary penalties.
  • Suspension or revocation of existing LMIAs.
  • Ineligibility to hire foreign workers in the future.
  • Public listing on the federal Employer Compliance website.
  • Temporary or permanent bans from participating in the Temporary Foreign Worker Program or International Mobility Program.
  • Reputational damage and increased government scrutiny.
Our goal is not simply to answer questions – it is to provide your organization with practical, immigration-focused compliance guidance that helps protect your business, your employees, and your ability to continue hiring international talent.
We offer flexible support, including one-time consultations, proactive compliance reviews, ongoing advisory retainers, and urgent inspection response. Request your consultation today and protect your business!
409 Granville St., #1350,Vancouver, BC V6C 1T2
Appointment required
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