Canada gives temporary workers an extra month to avoid losing their status while they wait for an LMIA
Effective August 21, Canada extended the “concurrent processing” period for temporary foreign workers already in the country, awaiting their employer’s approval of a Labour Market Impact Assessment (LMIA), from 60 to 90 days. The change, confirmed by Immigration, Refugees and Citizenship Canada (IRCC), gives thousands of workers—many of them Latinos employed under the Temporary Foreign Worker Program (TFWP)—an additional month to renew their permits without falling into a legal limbo.
What exactly is “concurrent processing” and what has changed?
This is the mechanism that allows someone already in Canada to apply for a new work permit while their employer is still waiting for the LMIA result, the document that proves no qualified Canadian citizen or permanent resident could fill the vacancy. Previously, the applicant had 60 days from the expiration of their previous permit to provide proof of a positive or neutral LMIA; now they have 90.
Who can use this mechanism?
It applies to foreigners who are already in Canada, whose work permit expires in two weeks or less, whose employer has already filed a complete LMIA application well in advance, and on which there is still no decision.
What does it mean to be under “maintained status”?
During this waiting period, the worker retains what IRCC calls “maintained status” (formerly called “implied status”): they can continue working legally, under the same conditions as their previous permit, while their new application is being processed. Without this mechanism, any delay by the employer or the government in resolving the LMIA could technically leave the worker without valid status, even if the delay was not their fault.
Why did Canada extend the deadline right now?
IRCC did not give a detailed public reason, but the move comes at a time when LMIA processing times have lengthened in several provinces, and coincides with weeks in which The Spanish Media has reported specific delays in that process, including cases of agricultural and service workers whose renewals were left in limbo for weeks.
What does this mean for Hispanics under the TFWP?
For any Latino temporary worker—in agriculture, construction, caregiving, or the service sector—this extra month reduces the real risk of losing their job or legal status due to an administrative delay beyond their control. It doesn’t change the final outcome of the LMIA, but it does give them more time to continue working and getting paid while the process moves forward, instead of being stuck in immigration limbo.
Writing by Mauricio Navas Talero LJI Reporter