LMIA (Labour Market Impact Assessment)

An essential step in obtaining a temporary work permit in Canada is getting a Labor Market Impact Assessment (LMIA). It is submitted to Service Canada or Employment and Social Development Canada (ESDC) stating that a company is authorized to employ temporary workers. 

An LMIA confirms that a temporary worker is required and that no Canadian applicants are qualified for the position, giving Canadian citizens preference over foreign nationals. Employers must apply for an LMIA and pay the required fee if they hire a temporary employee under the Temporary Foreign Worker Program (TFWP).

Since the Canadian labor market fluctuates every three months, the IRCC can decide whether to issue work permits (Immigration, Refugees, and Citizenship Canada). Not all jobs on a favorable LMIA list receive work permits. Document completion can be very complex. Therefore, it's crucial to have the most recent information if you want your application to be successful.

• What businesses are eligible to apply for an LMIA and hire foreign workers?
• The current list of professions eligible for LMIA
• Exemptions to the LMIA process
• Is IMP (International Mobility Program) exempting you from an LMIA?
• What are preconditions for a business to apply to LMIA

Do you need help with the job searching process and acquiring LMIA? We can help. Contact VisaStan.

In its Facts and Figures publication, the IRCC releases annual information on the number of foreign workers who enter Canada. The data are based on the number of work permits given at ports of entry. They include many program streams besides the Temporary Foreign Worker Program (TFWP), such as temporary residents coming to Canada for humanitarian or compassionate purposes, labor, study, or both.

The lengthy procedure of submitting an LMIA application can result in rejection if all formal requirements are not met. Moreover, if the applicant does not know which requirements are necessary. The company and the potential employee may incur costs due to this. When a company submits another application after receiving a negative LMIA response, its chances of success are reduced.

Some categories come under an express process, which can shorten the length of the LMIA application process to a few weeks or months:

• Highest-demand occupations as specified by the region (ex. skilled trades)
• Highest-paid (top 10%) occupations
• Short-duration work periods (120 days or less) 

Providing supporting documentation demonstrating the company's inability to locate a worker with the necessary abilities locally is an essential component of a company's LMIA application. Additionally, it must include information about the job they are advertising, the number of Canadian citizens who responded, the applicants who were interviewed, and why they were not hired. 

When determining an applicant's eligibility, Employment and Social Development Canada (ESDC) takes the following factors into account:

• Did the company meet the standards when advertising the position (in terms of duration and circulation)?
• Will hiring a foreign worker help create jobs in Canada?
• Are the salary requirements met for the advertised position?
• Are the working conditions acceptable?
• Did the company demonstrate sufficient effort to fill the position with a Canadian resident?
• Is the industry in the region doing well enough to sustain foreign labour?

It's critical to realize that LMIAs are provided precisely depending on the business that submitted the application and the job title that they used. If a work permit for a foreign employee has been granted based on it, the employee is not permitted to change jobs or relocate.

There Are Exceptions for Certain Job Positions, For Which LMIA Is Not Required: 

• Jobs included in an international trade accord, such as NAFTA (North American Free Trade Agreement)
• Jobs included in an agreement between the federal and provincial government
• Jobs deemed as in the best interest of Canada

It's crucial to note that a work visa is necessary for all of the categories above to be able to work in Canada. Only a small number of employers are exempt from the LMIA and do not need one (around 500 across Canada). These employers' job offers will ensure a substantially quicker work visa application procedure.