LMIA Application Services

LMIA

A Labour Market Impact Assessment (LMIA) is a critical step for Canadian employers looking to hire temporary foreign workers. It serves as a verification process conducted by Employment and Social Development Canada (ESDC) to ensure that the employment of a foreign worker will not adversely affect the Canadian labour market. In some cases, employers may be exempt from requiring an LMIA under the International Mobility Program (IMP) if the employment offers significant economic, social, or cultural benefits to Canada.

LMIAs are employer Driven. To discuss more about your LMIA needs, book a consultation below:

Labour Market Impact Assessment (LMIA)

Understanding the LMIA Process

The LMIA process requires employers to provide detailed information about the job offer, including the number of Canadians or Permanent Residents who applied, were interviewed, and the reasons why they were not hired. A positive LMIA indicates that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

Key Considerations for a Positive LMIA

ESDC assesses various factors before issuing a positive LMIA:

  • Compliance with labour laws and collective agreements
  • Competitive salary offerings in line with regional wage rates
  • Classification of the job as high-wage or low-wage
  • Genuine labour shortages in the specific occupation and location
  • Efforts made by the employer to recruit Canadian citizens or Permanent Residents
  • Potential labour disputes within the company
  • Unique skills and expertise brought by the foreign worker
  • Impact on the Canadian job market and job creation or retention

Types of LMIAs

There are several types of LMIAs, each tailored to specific employment situations:

High-wage or Low-wage LMIA

Employers must demonstrate business legitimacy and that the job is within Canada. The wage offered determines whether the LMIA is for a high-wage or low-wage position, based on the provincial median wage rate.

Policy Update: ESDC has ceased processing low-wage LMIAs in metropolitan areas with unemployment rates higher than 6%, including the Greater Toronto Area (GTA). This measure aims to prioritize the employment of Canadian citizens and Permanent Residents in regions with higher unemployment.

LMIA for Agricultural Workers

Includes Seasonal Agricultural Worker Program, Agricultural Stream, High-Wage Stream, and Low-Wage Stream.
Dual Intent LMIA (Express Entry)
Supports both a work permit and an Express Entry application, potentially aiding in permanent residence applications.

LMIA for Caregivers

For hiring foreign caregivers when Canadians or Permanent Residents are unavailable. Caregivers may now be hired through the Home Child Care Provider Pilot or Home Support Worker Pilot, with LMIA exemptions in place. LMIA applications for caregivers do not have to pay the $1000 processing fee. Home Child Care Provider Pilot or Home Support Worker Pilot is currently closed. A more enhanced pilot is expected to be announced in fall of 2024.

Temporary Foreign Academic

Allows postsecondary institutions to hire foreign academics to meet teaching and research needs.

Global Talent Stream

Facilitates the hiring of highly skilled global talent for Canadian firms, requiring a Labour Market Benefits Plan and does not require the standard advertising to Canadians and permanent residents for 30 days.

LMIA Requirements

Employers must:

  • Pay a processing fee of CAD 1,000 (with some exemptions).
  • Advertise the position in Canada for at least four weeks.
  • Use at least two other recruitment methods in addition to the Canadian Job Bank.
  • Provide a transition plan to reduce reliance on foreign workers.
  • Invest in skills training for Canadians.
  • Ensure no Canadian workers are laid off as a result of hiring a foreign worker.
  • Use English or French as the language of work, unless otherwise justified.

Rejection of LMIA Applications

Applications may be rejected for reasons such as employer ineligibility, noncompliance, high regional unemployment rates, or if the job falls under certain NOC skill levels.

For more information, send us an email at info@arsheenimmigration.com or a What’s App message