LMIA – Top 5 Things Every Employer Should Know Before Applying

LMIA - Labor Market Impact Assessment

Labor Market Impact Assessment (LMIA) – It’s trustworthy to state that Canadian employers rely on globally trained workers’ experience and skills with above 330,000 temporary foreign workers presently working in Canada. In most instances, temporary foreign workers access the country bound to a specific placement and employer. 

Suppose you’re an employer concerning to engage foreign workers. In that circumstance, the employer may initially have to apply for a Labor Market Impact Assessment (LMIA) depending on the job’s facts and how many workers are to be hired. 

There are 5 most important things which every employer should know before applying for LMIA are: – 

  • Skill Level
  • Minimum Advertising Requirements 
  • Median Wage Rate 
  • Special Conditions 
  • Exceptions 

But, before going into details, let us first understand; 

What is LMIA? 

A Labor Market Impact Assessment will verify there is a requirement for foreign workers to fill the vacant jobs. Canadian workers cannot fill certain positions due to a lack of availability in the market. Your LMIA will come in the formation of a confirmation letter that has been allotted by a department of the federal government of Canada, customarily Employment and Social Development Canada (ESDC). 

A definitive or positive LMIA will mean that: 

  1. As a Canadian employer, you require a temporary foreign worker. 
  1. You’ve already taken steps and have performed a genuine effort to employ either a Canadian citizen or Canada’s permanent resident. Still, there were no candidates with the appropriate skills or qualifications for the job. 
  1. As a Canadian employer, you’re ready to train Canadian citizens or permanent residents of Canada, however, the current conditions do not concede such a process. 
  1. You’re prepared to complete a Transition Plan if the wage you’re providing meets or is above, the provincial/territorial average hourly wage. 
  1. You’re hiring a foreign worker temporarily until a local applicant match becomes available. 
  1. Inducing a temporary foreign worker to Canada will probably arbitrarily or neutrally affect the Canadian labor market. 

Top 5 Things Each Employer Should Understand Before Applying for LMIA

  • Determine Skill Level: The primary step while applying for an LMIA is to ascertain the intended occupation’s skill level. To do this, you should verify out the National Occupational Classification (NOC) system. NOC is the nationwide accepted system for Canada’s job groups and titles. Each group allocated its four-digit code which classifies occupation-type according to job nature and skill level. 
  • Meet Minimum Advertising Requirements: You must exercise the essential measures to prove you have made a legitimate attempt to engage a Canadian citizen or permanent resident. ESDC can reserve the right to need additional advertising for any job if it is beneath the impression a broader level of advertisement may determine Canadian or permanent residents who would fit for the job. 
  • Meet/exceed median wage rate: The median or regular wage rate is worked out by glancing at the average hourly wage for your requestioned occupation, according to your particular geographical location. Your wage rate should not fall below this allowance. 
  • Check the special conditions: You may notice certain special conditions apply depending on which industry sector you select the temporary foreign worker. This comprises live-in caregivers, seasonal agriculture work, and some occupations expecting lower training standards. 
  • Exceptions for Applying for LMIA: Some work classifications are in fact exempt from LMIA, and you can review to understand if you are exempt via Citizenship and Immigration Canada (CIC) at their official website. 

Steps of Applying for LMIA 

  • Check you meet eligibility requirements: You can only be successful in your LMIA application if you cannot find a Canadian citizen or permanent resident suitable for the job. The hiring of your temporary foreign worker will not negatively impact the Canadian labor market. 
  • Submit your application: You can tender your application for LMIA to Service Canada before recognising your temporary foreign worker. 
  • Contact your foreign worker: Once Service Canada has recognized the job offer, you can then assign a copy of your LMIA confirmation letter to your chosen temporary foreign worker, accompanying with a signed offer of employment and an employment contract. At this point, you should also suggest that they appeal for a work permit via CIC. Your preferred foreign worker can then either apply for a work permit at a visa office abroad, at the port of entry or legally permitted, from within Canada. It should be remarked that if a positive or neutral LMIA confirmation letter is received, it does not necessarily guarantee that the temporary foreign worker will be issued a work permit. 
  • Ensure to meet all requirements: CIC will have to be reassured that your preferred temporary foreign worker is adequately skilled and qualified for the job, as well as completing all certification and licensing provisions that apply to regulated occupations in Canada. Your chosen foreign worker may also necessitate a medical examination, depending on the type of work they will be undertaking, and where they have lived for the past year. Depending on your foreign worker’s citizenship country, they may also require a temporary resident visa (TRV) to enter Canada. 
  • Additional criteria: You should always prepare a new LMIA application form that implements specifically to each stream in the Temporary Foreign Workers Program. Your application should comprise a signed statement that you, as the employer, will abide by the program’s terms & conditions at all times. Ensure you choose the relevant application form according to the type of worker you need.
    • If it is your initial time applying for LMIA, you also need to implement a business permit or license. 
    • Suppose you have been beforehand applying for LMIA, and are now able to apply for LMIA again. In that case, you must confirm you have met all the conditions laid out previously in your last confirmation letter/s.

When it comes back negative 

If Service Canada reaches an unfavorable decision about your LMIA, you will be informed. Suppose you happen to disagree with Service Canada’s decision and have new information that could potentially affect the conclusion. In that case, this can be submitted to the Service Canada Centre. The address of which is assigned on your refusal letter. Service Canada will then re-assess your request, taking any new data into account. 

Note: If you need legal information, please see the Immigration and Refugee Protection Act and Regulations. It is by no means a regular legal paper.  

Get Started with Jet Immigration 

Jet Immigration is ranked among the best immigration consultancies in Greater Toronto Area and have been trusted by thousands of happy clients. 

The team specializes in Labor Market Impact Assessment (LMIA). If you are a business owner or an individual planning to apply for LMIA, our team of experts will help and guide every step of the way.

Contact us for free consultation or email us at visa@jetimmigration.ca

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