Immigration Lawyers Toolbox® Magazine, Issue 03 | Summer 2021 Special O-1A Edition

Page 94

Immigration Lawyers Toolbox Magazine

CANADIAN WORK PERMIT OPTIONS FOR PERFORMING ARTS by DANIEL LEE, Esq.

Introduction

Daniel Lee

DALee@Fasken.com

In the United States, there is an O-1 visa category for individuals with extraordinary ability or achievement. This is a non-immigrant visa category, which is a temporary visa, for certain individuals who possesses extraordinary ability. This may be used by foreign nationals in the performing arts industry to work in the United States on a temporary basis when they have job offers from qualified employers in the United States. This paper will provide a general overview of the equivalent Canadian work permit category for professionals in the performing arts industry in Canada, which is a CAD $245.7 million industry in 2019. Canadian Work Permit Options for Performing Arts

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ILT Magazine

In Canada, whether or not a work permit is required depends on a number of factors, including the nature of the work to be performed and how the production is funded. This paper will provide a general overview of the LMIA exemption code C23 work permit category for performing arts, and the work without a work permit category, pursuant to section 186(g) of the Immigration and Refugee Protection Regulations.

Issue No . 3

a) LMIA Exemption Code C23 Work Permit Category for Performing Arts

The Government of Canada recognizes that the entry of foreign nationals working in dance, opera, orchestra or live theatre contributes to competitive advantages and reciprocal benefits for Canadians. Accordingly, professionals in the performing arts industry, including key creative personnel and talent associated with Canadian, non-profit performing arts companies and organizations in the orchestral music, opera, live theatre and dance disciplines may be eligible to apply for a work permit under LMIA exemption code C23 for performing arts pursuant to the International Mobility Program. This means a labour market impact assessment is not required to test the labour market to ascertain whether there are any willing, qualified and available Canadian citizens or permanent residents who meet the requirements for the position.


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Immigration Lawyers Toolbox® Magazine, Issue 03 | Summer 2021 Special O-1A Edition by ImmigrationLawyersToolbox - Issuu