EMPLOYER LMIA APPLICATIONS
Applying for a Labour Market Impact Assessment (LMIA) from the Canadian Government can be a daunting task! We can help make this process easier.
LMIA and Work Permits
In most cases, it is mandatory for Canadian based Employers wanting to hire foreign nationals to apply for a Labour Market Impact Assessment (LMIA), which is essentially permission from the Canadian Government to hire overseas workers. In order to obtain a Positive LMIA the employer must prove that there is no Canadian Citizen or Permanent Resident available to take the job in question and that therefore is a need for a foreign national to fill this position.
LMIA Applications need to reflect the following;
- All efforts made to recruit Canadian Citizens or Permanent Residents of Canada - Specific advertising requirements are set in place for this.
- Wages offered for the position are consistent with the prevailing wage rate that is paid to Canadian Citizens and Permanent Residents in the same region working under the same job title and description (NOC Code).
- Must reflect potential benefits that hiring a foreign national might bring to the Canadian labour market such as the creation of new jobs, new knowledge and the transfer of skills to other Canadians.
- Working conditions for the occupation must meet with the current provincial labour market standards.
A positive LMIA is provided to the foreign national so that he / she may proceed to apply for his / her Work Permit. A Work Permit is usually given for one year although sometimes a two year Work Permit may be issued, with the standard practice being 12 months.
LMIA applications are processed by Employment and Social Development Canada (ESDC) and have a mandatory associated government fee of $1000.00 for each foreign worker position applied for.
The LMIA process is different depending on how the targeted employee is classified, as “high-wage” or “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, determines which applicable specific provisions apply.
LMIA Applications need to reflect the following;
- All efforts made to recruit Canadian Citizens or Permanent Residents of Canada - Specific advertising requirements are set in place for this.
- Wages offered for the position are consistent with the prevailing wage rate that is paid to Canadian Citizens and Permanent Residents in the same region working under the same job title and description (NOC Code).
- Must reflect potential benefits that hiring a foreign national might bring to the Canadian labour market such as the creation of new jobs, new knowledge and the transfer of skills to other Canadians.
- Working conditions for the occupation must meet with the current provincial labour market standards.
A positive LMIA is provided to the foreign national so that he / she may proceed to apply for his / her Work Permit. A Work Permit is usually given for one year although sometimes a two year Work Permit may be issued, with the standard practice being 12 months.
LMIA applications are processed by Employment and Social Development Canada (ESDC) and have a mandatory associated government fee of $1000.00 for each foreign worker position applied for.
The LMIA process is different depending on how the targeted employee is classified, as “high-wage” or “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, determines which applicable specific provisions apply.
Processing LMIA'S for High Wage Workers - Those above the Provincial or Territorial median wage
Employers who would like to hire Foreign Nationals in a High Wage Occupation must submit transition plans along with their LMIA application. This ensures that the employer is taking steps to reduce their reliance on the Temporary Foreign Worker Program (TFWP) in the future. High wage workers are classified as those earning above the median hourly wage for the region and occupation in which they are hired. This transition plan must prove that the employer is using the TFWP as a last resort in order to meet with their immediate labour needs on a temporary basis where qualified Canadian Citizens and Permanent Residents are not available. This ensures that Canadians and Permanent Residents of Canada are given the first opportunity at available jobs.
Processing LMIA for Low Wage Workers - Those below the Provincial or Territorial median wage
Employers who would like to hire Foreign Nationals in a Low Wage Occupation are not required to submit a transition plan with their LMIA, however they are required to meet with a different set of of guidelines and these include the below;
- Employer must pay for roundtrip transportation for the TFW.
- Employer must ensure that affordable housing is available to the TFW upon their arrival to Canada.
- Employer must pay for private health insurance until workers are eligible for provincial health care coverage.
- Employer must register the Temporary Foreign Worker (TFW) with the Provincial or Territorial workplace safety board
- Provide an Employer - Employee contract meeting all Provincial / Territorial requirements
- Employer must pay for roundtrip transportation for the TFW.
- Employer must ensure that affordable housing is available to the TFW upon their arrival to Canada.
- Employer must pay for private health insurance until workers are eligible for provincial health care coverage.
- Employer must register the Temporary Foreign Worker (TFW) with the Provincial or Territorial workplace safety board
- Provide an Employer - Employee contract meeting all Provincial / Territorial requirements
Advertising Requirements for LMIA's
Employers must advertise all job vacancies across the Canadian job market for a minimum of 4 weeks before applying for an LMIA. An employer must remit their LMIA application into ESDC within 3 months of the advertising. Employers must prove that they have used at a minimum 2 other recruitment methods in addition to having an advertisement on the Government of Canada Job Bank. Employers are mandated to advertise to underrepresented Canadians such as First Nations or Youth or those with disabilities as well as to ensure that one of their adverts are national in scope. One of the adverts must continue to run for the duration of the application process. This is usually the Government of Canada Job Bank advert.
Employers who want to hire a TFW must pay a government processing fee of $1,000.00 for each worker that they add to their LMIA.
Employers who want to hire a TFW must pay a government processing fee of $1,000.00 for each worker that they add to their LMIA.
How can we help your company?
We will work with you or your Human Resource Department in meeting with the necessary wage requirements, advertising, drafting of compliant Employment Offers and also ensure that you are compliant with the ESDC requirements to ensure that your LMIA is processed in a timely and efficient manner therefore producing the best possible chance in the issuance of a Positive LMIA being issued so that you can bring your workers into Canada quickly! We will complete each step of the process together with you and remit the application for processing on your behalf to take the stress out of the process!
