LMIA – Everything You Need To Know

LMIA stands for Labour Market Impact Assessment. Whenever an employer in Canada hires a foreign worker -that is not a Canadian Citizen or a Permanent Residence holder, the employer should first obtain approval from the Ministry of Labour to proceed with the hiring. An LMIA is a document issued from Employment and Social Development Canada that gives the employer permission to hire a temporary worker to fill labour and skill shortages. It is requested when there is a need for a foreign worker to fill the job. Finally, once the approval is obtained through a positive LMIA, the employer may hire and proceed with the work permit application process.  

LMIA Processing Time

It is essential to know that the process includes an advertisement procedure for the vacant job. The advertisement must meet specific requirements in terms of scope and timeframe of three months and be published at three different job boards. Also, it should be followed by a complete submission of the application to the Ministry of labour requesting a positive LMIA. In the end, the whole processing time for an LMIA, including the advertisement, shortlisting, interviewing, and application is expected to take between four to six months. 

What is the General Process for an LMIA?

Stage 1 Identify the vacancy, job duties and assigned salary. Stage 2Advertisement process mentioned above. It should be for three months and be published on three different job sites.Stage 3As a result of the advertisement exercise, the employer will shortlist those who meet the language and the occupation-specific requirement. Interview the selected candidates. Overall, a genuine effort to find a suitable candidate is observed throughout the process.  Stage 4Then, if no suitable candidate is found, an LMIA request is completed and submitted to the Employment and Social Development Canada (ESDC). Stage 5Once the ESDC reviews the request and approves it (a positive LMIA), the employer searches for candidates overseas and offers the job to the foreign worker. Stage 6Finally, the work permit application for the selected foreign worker is then processed. Once an LMIA has been issued, the employer provides a copy of the confirmation letter to each temporary foreign worker and directs them to apply for a Canadian work permit.

To Apply for a Work Permit, a Worker Needs

• a job offer letter
• a contract
• a copy of the LMIA, and
• the LMIA number

What is Expected From the Employer?

The employer is expected to prove Business legitimacy by providing proper company documentation such as tax returns (Notice of Assessment), employees payroll, Records of Employment (ROEs) and general company registration and operation documents.  The employer is also expected to submit evidence of recruitment efforts to hire a Canadian Citizen or a Permanent Residence. The EDSC will evaluate the LMIA application based on:

• Are there any Canadian that are willing to do the job?
• Is there enough effort to find a Canadian or Permanent Residence to do the job?
• Will the hiring of foreign workers create local jobs in the future?
• Is the employer paying the employee fairly?
• Are the conditions acceptable and safe? 

And finally, meet the minimum wage requirements.

What are the Fees?

After all, the employer is expected to pay for the LMIA government fees of $1,000.                                                       Written by:Abeer AltalRCIC R 706142