What is an LMIA?

The Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labour market. Formerly known as the Labour Market Opinion (LMO), the LMIA is a crucial step for Canadian employers who wish to hire foreign workers.

Purpose of an LMIA

An LMIA determines whether:

• Hiring a foreign worker will fill a labour shortage.
• The employer has made reasonable efforts to hire or train Canadian workers.
• The wages and working conditions offered are in line with those for Canadian workers.

If the LMIA is positive, it means that hiring the foreign worker will have a neutral or positive effect on the Canadian labour market.

LMIA Application Process

Employer's Role

Employers must apply for an LMIA and provide detailed information about the job, including:

• Job offer and company information.
• Wages and working conditions offered, in line with National Occupational Classification (NOC) wages.
• Efforts to hire Canadians, such as advertising the job locally.
• The number of foreign workers already employed by the company.

Once a positive LMIA is issued, it must be sent to the foreign worker, who can then apply for a work permit to enter and work in Canada.

Work Permit Renewal

If a foreign worker is already in Canada and their work permit is about to expire, they must apply for a work permit renewal. Immigration experts can assist with both work permit applications from abroad and renewal applications within Canada.

Challenges in Obtaining LMIA

Recent changes to the Temporary Foreign Worker Program have made it more difficult for employers to obtain a positive LMIA. Employers must meet stricter requirements, such as:

• Ensuring the number of foreign workers employed is within the government’s cap.
• Proving the job offer and company are genuine.
• Showing the hiring of foreign workers will not affect any labour disputes or Canadian workers.

Expert Assistance

Because of the complexity of the process, it is strongly recommended to seek assistance from experts who specialize in LMIA applications. They can help navigate the process, ensure all requirements are met, and improve the chances of receiving a positive LMIA.

Pre-Approval for LMIAs

In some cases, employers can request pre-approvals, allowing them to recruit foreign workers with confidence that a positive LMIA will be issued once suitable workers are found.

Pilot Projects and Provincial Programs

Several pilot projects and provincial programs are available to facilitate LMIA processing. These vary based on the specific needs of each province and can streamline the process for certain industries or occupations.

Key Pilot Projects and Programs

Some notable programs include:

• Hiring Temporary Foreign Workers for Occupations Under Pressure
• Caregiver Program
• Seasonal Agricultural Worker Program (SAWP)
• Employment of International Students graduating from recognized post-secondary institutions
• Hiring Foreign IT Specialists

These programs can help employers hire foreign workers more efficiently in certain high-demand fields or sectors.

If you’re looking to hire foreign workers or need help navigating the LMIA process, our team is ready to assist. Contact us for a free assessment of your case and to explore the best options for obtaining a positive LMIA.