LMIA

LMIA

A Labour Market Impact Assessment, commonly known as LMIA, is a crucial process overseen by Employment and Social Development Canada (ESDC). Its primary objective is to ascertain an employer’s genuine need to hire foreign workers when there are no available Canadian citizens or permanent residents for the specific job position.
While some exemptions exist for hiring foreign workers without an LMIA, most employers require this assessment to facilitate their employees in obtaining valid work permits. ESDC, the governmental department responsible for various social programs and services, including the LMIA program in Canada, evaluates several factors when considering whether to grant an offer of employment to a foreign worker:

  • The offered salary or wage, adjusted according to the job’s location.
  • Any ongoing labor disputes involving the employer.
  • Compliance of job conditions with labor laws.
  • Existence of labor shortages in the job’s geographical area.
  • The foreign worker’s qualifications, assessed based on their work experience and education.
  • Potential job creation opportunities for Canadian citizens and permanent residents.

How long is the processing time for an LMIA Canada application?

Although the standard processing time for LMIA applications typically spans around three months, ESDC has committed to a 10-day service standard for issuing LMIA’s in specific employment categories, which include high-demand and skilled trades, jobs with the top 10% wages, and short-duration jobs lasting 120 days or less.

What are the LMIA job offer requirements for employers?

Employers interested in pursuing an LMIA must be prepared to pay an LMIA processing fee of $1,000 and an additional ‘Privilege Fee’ amounting to $100 as part of the application process. Furthermore, employers must demonstrate their efforts in advertising the job vacancy through the Canadian Job Bank and at least two other hiring mediums. ESDC also expects proof of earnest attempts to hire Canadian citizens and permanent residents before considering foreign workers. Employers are obligated to confirm that they will not terminate or reduce the working hours of Canadian citizens and permanent residents due to the employment of a foreign worker. Additionally, job offers must be presented primarily in English or French, and any other languages listed as job requirements are viewed unfavorably by ESDC unless their necessity is substantiated. Lastly, employers need to provide financial documents as evidence of their ability to support the foreign worker’s salary for a specified duration

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