Labour Market Impact Assessment Application
The Labour Market Impact Assessment (LMIA) application is an employer driven application that involves a 2-step process, following a highly specific 30-day advertising that is required to ensure that no Canadians or Permanent Residents are qualified for the position on offer. 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 and whether employing the individual in Canada would be beneficial. Then, if a positive Labour Market Impact Assessment (LMIA) is issued, it is then possible for the foreign national 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 the Canadian employer that requested the LMIA. An LMIA-based work permit is a closed work permit.
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.
As of November 8, 2024, new wage thresholds for determining whether a Labour Market Impact Assessment (LMIA) falls under the high-wage or low-wage stream was introduced across Canada, with an increase of 20% for each province and territory. The high-wage LMIA protocols apply when the wage offered to a Temporary Foreign Worker (TFW) meets or exceeds the provincial or territorial median wage, while a low-wage LMIA is for positions offering a wage below this median. For instance, in Ontario, the wage threshold will rise is $34.07, and in Alberta, it is $35.40. The lowest wage threshold is in Prince Edward Island at $28.80, whereas the Northwest Territories has the highest wage threshold at $47.09. These updated thresholds are essential for employers to determine the appropriate LMIA stream for their job offers. Employers can consult with immigration lawyers in Toronto to navigate the requirements for high-wage and low-wage LMIAs effectively.
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.
To obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker in Canada, employers need to complete several steps. Employers need to create job postings that meets LMIA program requirements and advertise the position across required job boards for at least 30 days to attract Canadian candidates. Our Toronto immigration lawyers can assist in drafting compliant job postings and managing the advertising process.
Afterward, the employer must interview qualified local applicants to demonstrate efforts to hire domestically. Then the application materials and fees are filed with Employment and Social Development Canada. The employer may need to participate in an interview with an Employment and Social Development Canada (ESDC) officer as part of the review process. Finally, if the LMIA is approved, the temporary foreign worker may apply for a work permit to Immigration, Refugees, and Citizenship Canada (IRCC) to facilitate their employment in Canada.
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. Working with Guberman // Appleby immigration lawyers in Toronto ensures that all deadlines are met, avoiding unnecessary delays in the hiring process.