Canadian and US Immigration Law

Labour Market Impact Assessment Application

Labour Market Impact Assessment Application

The Labour Market Impact Assessment application involves a 2-step process. First, Employment and Social Development Canada (ESDC) evaluates whether a foreign worker will have a neutral or positive effect on the Canadian labour market, whether the foreign worker will be able to transfer skills to Canadians, or whether employing the individual in Canada would be beneficial.  

This assessment follows a specified period of advertising by the company that is seeking to hire a foreign national in order to demonstrate that there are no qualified Canadian citizens or Permanent Residents to fill the role.  Then, if a positive Labour Market Impact Assessment (LMIA) is issued, it is then possible to apply for a work permit.

If a work permit is issued pursuant to a positive LMIA, then the foreign national is able to work in Canada for a Canadian employer.

In certain circumstances, there may be strategic alternatives to applying for an LMIA. This involves considering LMIA exemptions such as international trade agreements or intra-company transfers for example.

Work with Experienced Canadian Immigration Lawyers for Your LMIA Application

Filing a Labour Market Impact Assessment application can be a long, complex process. We have experience in assisting many employers in various sectors such as manufacturing, technology, business, entertainment, retail, hospitality and others industries navigate the LMIA application process. By working with an experienced Canadian immigration lawyer, you can rest assured that your LMIA application will be free from errors and oversights. The lawyers at Guberman // Appleby Immigration Lawyer are ready and able to guide you through the LMIA application process and apply for an LMIA – contact us today.

Labour Market Impact Assessment FAQs

Yes, advertising is required for High Wage and Low Wage LMIAs. The advertising period is for 30-day, with mandatory posting on the Job Bank, in addition to other advertising sources.  When employers post on the Job Bank, they are also required to use the Job Match feature.  The Job Bank posting must remain active throughout the entire LMIA process up until such time that a decision is rendered

To determine whether your company will need to file a High Wage LMIA or a Low Wage LMIA,  it is necessary to assess whether the wage being offered to the foreign national is at or above the provincial median wage or below the provincial median wage.  

If the wage being offered is at or above the provincial median wage, the LMIA application will be filed as a High Wage LMIA. 

If the wage being offered is lower than the provincial wage, the LMIA application will be filed as a Low Wage LMIA. 

In addition to determining whether the job offer is high wage or low wage, companies must also ensure that the wage being offered is no less than the median wage for the particular occupation, as per the Canadian government’s Labour Market Information Survey.

LMIA applications in the GLobal Talent Stream are for either:

  • Those who have been referred to the Global Talent Stream by a Designated Partner in order to hire a foreign national with unique and specialized talent (Category A)
  • Those companies wishing to hire highly-skilled workers to work in a technology occupation noted on the Global Talent Occupations List (Category B)

Occupations included on the Global Talent Occupations List are: Computer Systems Managers, Engineers, Computer Engineers, Mathematicians and Statisticians, Information Systems Analysts, Database Analysts and Administrators, Software Engineers and Designers, Computer Programmers and Interactive Developers, Web Designers and Developers, Electric Engineer Technicians, Computer Network Technicians, Information Systems Testing Technicians, Video Effect and Video Games professionals and Digital Media Designers.

Once a  Canadian employer receives a  positive LMIA assessment, the foreign national can apply for a Canadian work permit. The LMIA assessment must be filed with the work permit application. The foreign national must provide documentation to demonstrate that they possess the necessary experience to qualify for the role. The LMIA decision letter has an expiration date, so the work permit  application must be filed before the LMIA decision letter expires.