The following guide is for jobs that require a positive LMIA (Labour Market Impact Assessment) before applying for a Work Permit
In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers. In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required.
LMIA applications should show the following:
The positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one year if granted.
LMIAs are overseen by Employment and Social Development Canada (ESDC) and have an associated application fee of $1,000 for each temporary foreign worker position applied for.
There are shorter processing times of 10 days available for highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than 120 days.
The LMIA process is different depending on whether 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, certain specific provisions apply.
LMIA applications should show the following:
- Efforts made to recruit available Canadian citizens/permanent residents
- Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region
- Working conditions for the occupation meets the current provincial labour market standards
- Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge
- Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.
The positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one year if granted.
LMIAs are overseen by Employment and Social Development Canada (ESDC) and have an associated application fee of $1,000 for each temporary foreign worker position applied for.
There are shorter processing times of 10 days available for highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than 120 days.
The LMIA process is different depending on whether 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, certain specific provisions apply.
High Wage Workers
Employers seeking to hire high-wage workers must submit transition plans along with their Labour Market Impact Assessment (LMIA) application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. High-wage workers are those earning above the median hourly wage for a given occupation in specified region.
The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.
Certain occupations in Quebec are "facilitated", meaning that local recruitment efforts do not need to be performed by employers as part of their applications to hire temporary foreign workers for any of the facilitated occupations.
The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.
Certain occupations in Quebec are "facilitated", meaning that local recruitment efforts do not need to be performed by employers as part of their applications to hire temporary foreign workers for any of the facilitated occupations.
Low Wage Workers
Employers seeking to hire low-wage workers do not need to submit transition plans with their Labour Market Impact Assessment (LMIA). They must, however, follow a different set of guidelines.
To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be phased in over 2015 and 2016 in order to provide employers who are above the 10 percent cap time to transition and adjust accordingly.
Employers offering a wage that is below the provincial/territorial median hourly wage must:
As of April 30, 2015, the Temporary Foreign Worker Program uses the latest Labour Force Survey results for the unemployment rates in regions across Canada. These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector. LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 per cent or higher.
To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be phased in over 2015 and 2016 in order to provide employers who are above the 10 percent cap time to transition and adjust accordingly.
Employers offering a wage that is below the provincial/territorial median hourly wage must:
- pay for round-trip transportation for the temporary foreign worker;
- ensure affordable housing is available;
- pay for private health insurance until workers are eligible for provincial health coverage;
- register the temporary foreign worker with the provincial/territorial workplace safety board; and
- provide an employer-employee contract.
As of April 30, 2015, the Temporary Foreign Worker Program uses the latest Labour Force Survey results for the unemployment rates in regions across Canada. These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector. LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 per cent or higher.
Expediting An LMIA
LMIAs will be provided within a 10-business-day service standard for workers in the following occupational categories:
- Highest-demand occupations
- Highest-paid occupations
- Shortest-duration occupations
Shortest Duration Occupations
The 10-day service standard for this category is limited to employers requesting temporary foreign workers for a short duration, defined as 120 calendar days or less, in any occupation where the wage offered is at or above the provincial or territorial median wage. Positions falling under this category include those related to repairs or manufacturing equipment and warranting work.
After receiving a positive LMIA, the employer should send a copy to their identified foreign worker. The positive LMIA must be included in the worker’s application for a Temporary Work Permit.
A single LMIA can be issued for one or multiple employees. In the case of multiple employees, the LMIA will only be issued to employees who will be filling identical positions as identified by the Canadian National Occupation Classification.
There are several instances where an employer may be exempt from the requirement to secure a LMIA. For more information, please Contact Us.
After receiving a positive LMIA, the employer should send a copy to their identified foreign worker. The positive LMIA must be included in the worker’s application for a Temporary Work Permit.
A single LMIA can be issued for one or multiple employees. In the case of multiple employees, the LMIA will only be issued to employees who will be filling identical positions as identified by the Canadian National Occupation Classification.
There are several instances where an employer may be exempt from the requirement to secure a LMIA. For more information, please Contact Us.
Advertising Requirements
Employers must advertise all job vacancies across the Canadian job market for at least four weeks before applying for a LMIA. Towards this end, employers are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canada Job Bank. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as First Nations or persons with disabilities.
Employers wishing to hire a temporary foreign worker to Canada must pay a processing fee of CAD $1,000 for each request for a Labour Market Impact Assessment.
English and French are the only languages that can be determined as job requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that another language is otherwise required for the position.
Employers wishing to hire a temporary foreign worker to Canada must pay a processing fee of CAD $1,000 for each request for a Labour Market Impact Assessment.
English and French are the only languages that can be determined as job requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that another language is otherwise required for the position.
LMIA (FORMER LMO) LABOUR MARKET IMPACT ASSESSMENT AND WORK PERMITS FOR HIRING FOREIGN WORKERS
The Labour Market Impact Assessment LMIA ( former Labour Market Opinion (LMO) ) is a report issued by Employment and Social Development Canada that outlines the impact that hiring a foreign worker would have on Canada’s labour market. Employers need to obtain this assessment in order to hire foreign workers. If the assessment is positive, a report outlining the conditions of the job being offered by the employer, the names of the employees, and also the expiry date of the LMIA will be listed in the document issued by ESDC.
Once a positive LMIA has been issued, it must be forwarded to the employees abroad to enable them to obtain a visa and/or a work permit that will allow them entry to the country with the rights and obligations of any other worker. If the worker is already in Canada, a work permit renewal application must be submitted. Cooper's Immigration can also handle the processing of the Work Permit and Visa's for the workers abroad or the Work Permit extensions inside Canada.
Changes to the Temporary Foreign Worker Program have made it more difficult for employers to obtain a positive LMIA. We strongly recommend hiring the services of an expert. We will gladly provide you with a free assessment of your particular case and tell you the possible routes to which you can obtain a positive Labour Market Impact Assessment. Please contact us and we will gladly provide you with a free quote for your particular case.
Service Canada receives thousands of applications per year which they accept or refuse depending on different circumstances. Service Canada will check if:
There are also situations where pre-approvals are requested. They allow the employer to recruit foreign workers with the security that once suitable foreign workers have been recruited, positive Labour Market Impact Assessments will be issued.
Finally, there are some pilot projects and special programs that are in effect for most provinces. These vary in conditions and requirements according to the specific needs of each province.
Many programs or pilot projects have been launched to facilitate the processing of Labour Market Impact Assessments throughout the country such as:
We will gladly provide you with a free assessment of your particular case and tell you the possible venues in which you can obtain a positive Labour Market Impact Assessment LMIA. Please contact us and we will gladly provide you with a free quote for your particular case.
Once a positive LMIA has been issued, it must be forwarded to the employees abroad to enable them to obtain a visa and/or a work permit that will allow them entry to the country with the rights and obligations of any other worker. If the worker is already in Canada, a work permit renewal application must be submitted. Cooper's Immigration can also handle the processing of the Work Permit and Visa's for the workers abroad or the Work Permit extensions inside Canada.
Changes to the Temporary Foreign Worker Program have made it more difficult for employers to obtain a positive LMIA. We strongly recommend hiring the services of an expert. We will gladly provide you with a free assessment of your particular case and tell you the possible routes to which you can obtain a positive Labour Market Impact Assessment. Please contact us and we will gladly provide you with a free quote for your particular case.
Service Canada receives thousands of applications per year which they accept or refuse depending on different circumstances. Service Canada will check if:
- The number of foreign workers in your company are within the cap established by the government.
- The job offer and the company are genuine.
- The wages and working conditions are in line with those offered to Canadians (NOC wages).
- Employers conducted reasonable efforts to hire or train Canadians for the job.
- The foreign worker is filling a labour shortage OR if hiring a foreign worker will directly create new job opportunities or help to retain jobs for Canadians OR the foreign worker will transfer new skills and knowledge to Canadians.
- This hiring will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.
There are also situations where pre-approvals are requested. They allow the employer to recruit foreign workers with the security that once suitable foreign workers have been recruited, positive Labour Market Impact Assessments will be issued.
Finally, there are some pilot projects and special programs that are in effect for most provinces. These vary in conditions and requirements according to the specific needs of each province.
Many programs or pilot projects have been launched to facilitate the processing of Labour Market Impact Assessments throughout the country such as:
- Hiring Temporary Foreign Workers for Occupations Under Pressure;
- Live-in Caregiver Program;
- Seasonal Agricultural Worker Program (SAWP);
- Employment of International Students Graduating from Recognized Post-Secondary Institutions;
- Hiring Foreign Information Technology Specialists;
We will gladly provide you with a free assessment of your particular case and tell you the possible venues in which you can obtain a positive Labour Market Impact Assessment LMIA. Please contact us and we will gladly provide you with a free quote for your particular case.
