Most Canadian Employer need to obtain a positive Labour Market Impact Assessment (or LMIA), in order to hire a temporary foreign national for a Canadian position.
A positive LMIA is issued to employers who can successfully show that is a labour shortage within the Canadian market and the foreign worker is necessary to fill this gap. The foreign worker can only apply for a work permit once a positive LMIA is obtained by the employer.
Most employers need an LMIA in order to hire a Temporary Foreign worker, however, there are a number of workers and employers who are exempt from the LMIA requirement.
Some examples include:
If you are not sure whether you need an LMIA before you can extend a job offer to a foreign worker, get in touch with YIC and our Immigration Specialists will access your unique circumstances and advise you of the next steps.
Unlike other immigration application, an LMIA is not obtained from Immigration, Refugee and Citizenship Canada (IRCC), instead you must apply to the Employment and Social Development Canada (ESDC).
There are four different streams/program, each with its own set of requirements:
For majority of the occupation, you will fall under either the High-Wage or Low-Wage Worker stream, depending on the wage you are offering to the temporary foreign worker.
Each program has its own set of unique requirements, the following table compares the requirement of the two major streams majority of the applications fall under:
| Stream/Requirements | High-Wage Workers | Low-Wage Workers |
|---|---|---|
| Recruitment | You are required to conduct at least 3 different recruitment activities to recruit Canadians/PRs for the point, including posting the job on Government of Canada’s website called “Job Bank.” One of these activities must be national in scope, accessible to residents of all provinces and territories You must use Job Bank’s Job Match services, whereby you have to invite job seekers who have obtained a rating a 4 star or higher to apply for the position. |
Same 2 of your recruitment activities must target a specific underrepresented group You must use Job Bank’s Job Match services, whereby you have to invite job seekers who have obtained a rating a 2 star or higher to apply for the position. |
| Advertisement | All recruitment activities must actively advertise the job for a period of 4-consecutive weeks. 1 of the advertisement must remain active until a final decision on the application is made. |
Same |
| Transition Plan | Have a detailed transition plan, for the entire proposed duration of the temporary worker’s employment. The plan includes activities that you will engage in to:
Canadian/PR employees. |
No transition Plan required. |
| Cap on the Proportion of Temporary Worker (TFW) of the Stream | No Cap in place | If you have hired a TFW in a low-wage stream, prior to June 20, 2014: o There is a 20% cap on the number of TFWs you can hire in this position.If you did not hire a TFW in a low-wage stream, period to June 20, 2014: o There is a 10% cap on the number of TFWs you can hire in this position. |
The Seasonal Agricultural Workers and Worker via the Agricultural Stream have additional requirements that must be met at the time of the application. If you are applying under these streams please get in touch with YIC, so we can advise you on the requirements of the programs.
You must similarly advertise the position to Canadians/PR and make reasonable efforts to recruit a local worker:
The activities must actively advertise the position for a period of 14-consecutive days.
You must submit an LMIA application for your stream along with the supporting documentations including proof of your recruitment efforts, business legitimacy and other documents to the appropriate case processing centre via email or fax.
You must submit your application up to 6 months before the proposed start date of the employee and must submit it within 3 months following the completion of your recruitment efforts.
It is critical to complete the application package properly, as incomplete LMIA applications will not be processed at all or returned to you. Get in touch with the YIC immigration specialist to do this right the first time and avoid unnecessary delays.
