LMIA: How to Apply For Labour Market Impact Assessment
A Canadian employer may need to obtain a Labour Market Impact Assessment (LMIA) when hiring a temporary foreign worker. The Canadian government needs to asses the impact of hiring foreign nationals either as positive or negative, according to the labor and skill shortages within the Canadian market. LMIA provides proof that no Canadian citizen or permanent resident is able and available to fill the position. A positive LMIA indicates that the foreign worker can be hired by the Canadian Employer. Negative LMIA indicates the request has been denied, a Canadian citizen or permanent resident must be employed for that position. There are some exceptions to LMIA requirements for specific work permits.
Employers must advertise for the positions intended to hire foreign national for four weeks and interview the potential candidates who are Canadian citizens or permanent residents. If the employer (business) can prove that those candidates cannot fulfill the job description, then they can go ahead and hire a foreign worker.
Labour Market Impact Assessment in Canada Process
The Temporary Foreign Worker Program (TFWP) requires employers to apply for LMIA application 6 months before the start date of employment. LMIA in Canada process varies depending on the wages of the foreign worker(s) to be hired-high-wage or low-wage. Temporary foreign workers being paid at or above their residing province’s median wage are considered high-wage workers. When foreign workers are being paid under their residing province median wage are considered low-wage workers.
Employers submitting LMIA applications for low-wage workers must follow these requirements:
- Provide adequate transportation to and from Canada to the foreign worker
- Meet the capacity limit on hiring temporary foreign workers
- Provide adequate housing for the duration of employment
Labour Market Impact Assessment Application Requirements
- Pay Application fee – $1000 CAD. The application fee is not refunded. Certain applicants applying for LMIA for in-home caregivers may be exempt from this application fee.
- Proof for Canadian Business legitimacy.
- Provide evidence of the recruitment efforts to hire Canadian citizens or permanent residents.
- Provide evidence of a transition Plan. The business must show its intention to hire employing Canadian citizens or permanent residents instead of foreign workers in the near future.
- Meet the minimum wage requirements
- Provide evidence of workplace safety
How Can I Expedite a Labour Market Impact Assessment (LMIA) Application?
In certain hiring conditions, a LMIA work permit applicant will be fast-tracked to a minimum of 10 days:
Highest Demand Occupations: If an employer is a hiring for a skilled trades position with a wage at or above the provincial median wage, then your LMIA application will be fast tracked to 10 days. These occupations are fundamental to the infrastructure and natural resource projects development, and are significant to the Canadian economy.
Highest Paid Occupations: The wages for the job occupation are in the top 10 percent of wages earned by Canadian in the province/territory for the job.
Short-term occupations: If an employer is hiring a temporary foreign workers in 120 days or less in any occupation with the wage offered at or above the minimum wage in the province.
Specific Exemptions for LMIA Requirements
Facilitated LMIA Occupations for Quebec: The province of Quebec has its own immigration policies and procedures. Employers in Quebec are not under the obligation to provide proof of evidence of recruitment efforts of Canadian citizens or permanent residents.
Holders of Quebec Selection Certificate: Foreign nationals holding a QSC may work in Quebec without their employer needing to obtain an LMIA. A Quebec Selection Certificate / Certificat de sélection du Quebec (QSC) is a document issued by the Quebec government to foreign nationals who have been approved for immigration to the province.
Global Talent Stream: The Global Talent Stream (GTS) enables certain Canadian employers to hire talent foreign individuals. Employers adopting this program can fast-track their hiring process of skilled foreign workers through the Global Skills Strategy.
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Got Questions about LMIA? Your covered
The Labour Market Impact Assessment (LMIA) is valid for up to 18 months from the day it is issued.
Yes, an LMIA can be extended up to 18 months, only if the previously issued LMIA was positive and had a validity of 6 or 9 months, and the LMIA is valid on the day of extension request is received by Service Canada.