Labour Market Impact Assessment (LMIA)

SJI Canada Immigration Consultant

is a professional firm specializing in providing expert advice and personalized services to individuals and families looking to navigate the Canadian immigration system. With a deep understanding of the complexities and nuances of Canadian immigration laws, SJI aims to simplify the process and ensure a smooth transition for its clients.

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When newcomers arrive in the country, there is always the question about finding a job in Canada.

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain before hiring a foreign worker. The purpose of an LMIA is to ensure that there is a genuine need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job.

In this case, the LMIA letter is the first step to secure your job in Canada while you have a valid work permit.

Types of LMIA:

High-wage positions
Low-wage positions
LMIA for Caregivers
Agricultural Stream
Global Talent Stream

Purpose: The LMIA process ensures that hiring foreign workers will not have a negative impact on the Canadian labour market.

Who Needs an LMIA?

Most employers looking to hire foreign workers under the Temporary Foreign Worker Program (TFWP) need an LMIA.
Some work permit categories, such as those under the International Mobility Program (IMP), do not require an LMIA because they offer significant benefits to Canada (e.g., NAFTA professionals, intra-company transferees).

LMIA Requirements for Employers:

Employers must apply for an LMIA from Employment and Social Development Canada (ESDC).
ESDC will review the application and issue a positive or neutral LMIA if it is determined that hiring a foreign worker will not negatively impact the Canadian labour market.
After receiving a positive or neutral LMIA, the employer must offer the foreign worker a formal job offer outlining the position, duties, wages, and working conditions.
The employer should update the foreign worker with essential information including the employer’s name and address, the job start date, the LMIA number, and the National Occupational Classification (NOC) code for the position.
With the job offer and LMIA, the foreign worker can apply for a temporary work permit from Immigration, Refugees and Citizenship Canada (IRCC).

LMIA Process for Candidates:

Canadian employers must secure a positive or neutral LMIA from ESDC, confirming that there are no Canadian citizens or permanent residents available to fill the job.
The employer will extend a job offer to the candidate along with a copy of the LMIA. This documentation is required for the candidate’s work permit application.
The foreign worker submits an application for a temporary work permit to IRCC, using the LMIA and job offer provided by the employer.
Upon arrival in Canada, the temporary work permit is issued by a Canada Border Services Agency (CBSA) officer. The permit can be valid for a few days up to several years, depending on the terms specified.

Processing Times: Processing times for LMIA applications can vary based on the type of position and the workload of ESDC. It is generally faster for high-demand occupations under the Global Talent Stream.

LMIA Decision: If the LMIA is positive, it will indicate that hiring a foreign worker will have a positive or neutral impact on the Canadian labour market.

A negative LMIA means that the employer was unable to demonstrate the need for a foreign worker or that it could negatively affect the labour market.

Validity:
A positive LMIA is usually valid for six months, within which the foreign worker must apply for a work permit.

LMIA Exemptions: Certain work permits under the International Mobility Program (IMP) are exempt from the LMIA requirement. These exemptions are based on broader economic, cultural, or social benefits to Canada, or reciprocal agreements.

An LMIA is a critical component for many employers in Canada looking to hire foreign workers. It ensures that the employment of foreign nationals does not negatively impact the job opportunities for Canadian citizens and permanent residents. Employers must be diligent in their recruitment efforts and compliant with the regulations set by ESDC to successfully obtain an LMIA.

why choose SJI Canada Immigration Consultant

Choosing SJI Canada Immigration Consultant for your LMIA (Labour Market Impact Assessment) needs means opting for a team of experts dedicated to making your immigration process as smooth as possible. SJI Canada Immigration Consultant stands out due to their deep understanding of the Canadian immigration system and their commitment to personalized service. They offer clear guidance and support every step of the way, from assessing your eligibility to preparing and submitting your application. Their expertise not only helps in avoiding common pitfalls but also ensures that your application is handled efficiently and accurately. By choosing SJI, you benefit from their thorough knowledge and experience, giving you peace of mind and increasing your chances of a successful LMIA application.

FREQUENTLY ASKED QUESTIONS

What is an LMIA?

An LMIA is a document that an employer in Canada may need to obtain before hiring a foreign worker. It shows that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

Why do employers need an LMIA?

Employers need an LMIA to prove that hiring a foreign worker will not negatively impact the Canadian labor market and that there are no Canadians available to fill the position.

How long does it take to get an LMIA?

Processing times for an LMIA can vary, but it typically takes several weeks to a few months. It's important to apply well in advance of the intended start date for the foreign worker.

How much does an LMIA cost?

As of now, the processing fee for an LMIA application is CAD $1,000 per position. There may be additional costs related to advertising and recruitment efforts.

What are the steps to apply for an LMIA?

Employers must first advertise the job to Canadians and permanent residents. If no suitable candidates are found, they can then submit an LMIA application to Employment and Social Development Canada (ESDC) with proof of their recruitment efforts and other required documentation.

What happens after an employer gets an LMIA?

Once an LMIA is approved, the employer will receive a positive LMIA, which they can then provide to the foreign worker. The worker can use this document to apply for a work permit.

Do all job positions require an LMIA?

No, not all job positions require an LMIA. Certain categories, such as jobs under international agreements like NAFTA or intra-company transferees, may be exempt from the LMIA requirement.

Can a foreign worker change employers with the same LMIA?

No, an LMIA is specific to the employer and the job position. If a foreign worker wants to change employers, the new employer must obtain a new LMIA.

How long is an LMIA valid?

An LMIA is typically valid for 6 months from the date of issue. During this period, the foreign worker must apply for a work permit using the LMIA.

What if an LMIA application is refused?

If an LMIA application is refused, the employer can address the reasons for refusal and reapply. Alternatively, they can explore other options or pathways that might not require an LMIA.