Employer Specific LMIA
LMIA (Labour Market Impact Assessment)
An LMIA is a document that an employer in Canada may need to get before hiring a foreign worker
A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.
Once an LMIA has been issued, you should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit
Once an employer gets the LMIA, the worker can apply for a work permit.
To apply for a work permit, a worker needs
- a job offer letter
- a contract
- a copy of the LMIA, and
- the LMIA number
LMIA Stream
- Express Entry (permanent residence): https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/apply.html
An LMIA application to support a temporary foreign worker (TFW) PR application. The means the employer will hire the TFW only after their PR is processed and approved:
- Federal Skilled Worker Program (FSWP)
- Federal Skilled Trades Program (FSTP) the employment offer can be made by up to two employers
- Canadian Experience Class (CEC)
Employers can also apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign national’s application to IRCC for a:
- permanent resident visa, and
- temporary work permit.
- Seasonal Agricultural Worker Program (https://www.canada.ca/en/employment-social-development/services/foreign-workers/agricultural/seasonal-agricultural.html )
- temporary foreign worker must be from Mexico or the participating Caribbean countries
- production must be included on the National Commodities List
These employers can hire TFWs from participating countries for a maximum period of 8 months, between January 1 and December 15, provided they are able to offer the workers a minimum of 240 hours of work within a period of 6 weeks or less.
- Agricultural Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/agricultural/agricultural/apply.html
- temporary foreign worker can be from any country
- production must be included on the National Commodities List
The Agricultural Stream allows employers to hire Temporary Foreign Workers (TFWs) for a maximum period of 24 months when Canadians and permanent residents are not available.
- High-wage position: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high.html
If the employer offers a wage to a temporary foreign worker that is at or above the provincial or territorial median hourly wage, you must apply under the high-wage position
The employer must have the Transition Plan to apply for High-wage LMIA unless the employer’s condition falls under some exceptions.
- Low-wage position: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/low.html
If the employer offers a wage to a temporary foreign worker that is below the provincial or territorial median hourly wage, you must apply under the low-wage position
The employer must meet the CAP requirements for Low-wage LMIA unless the employer’s condition falls under some exceptions
- Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent.html
The program designed for innovative firms in Canada that are referred to Employment and Social Development Canada by a designated referral partner and that need unique and specialized foreign nationals in order to scale-up and grow. It is also intended for firms in Canada that need to fill an in-demand highly-skilled position on the Global Talent Occupations List.
The employer must develope a Labour Market Benefits Plan and subject to Progress Reviews
- Academics, medical doctors, specialists or registered nurses
- In-home Caregiver: https://www.canada.ca/en/employment-social-development/services/foreign-workers/caregiver.html
Families can hire a foreign caregiver to provide care, in a private residence, to children, seniors or persons with certified medical needs, when Canadians and permanent residents are not available.
- Caregivers for children
- Caregivers for people with high medical needs
- This category could include positions such as:
- Registered nurse or registered psychiatric nurse (NOC 3012)
- Licensed practical nurse (NOC 3233)
- Attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant (NOC 4412)
- Refusal to process: https://www.canada.ca/en/employment-social-development/services/foreign-workers/refusal.html
Under some specific curcimstances, Services Canada will refuse to process for LMIA when ALL THREE CONDITIONS BELOW APPLY
- Positions in Accommodation and Food Services and Retail Trade sectors in an economic region with an unemployment rate of 6% or higher
- Positions in Accommodation and Food Services and Retail Trade sectors NAICS Code 72 or Retail Trade sector NAICS Code 44 to 45
- NOC 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612
Still not sure what types of Work Permit is suitable for you?
- Please book an appointment with our experience RCIC by:
- Phone: 1 778 926 3086 – Wendy Cao OR
- Email: imsolutioncanadaus@gmail.com
