Labour Market Impact Assessment

Canada’s LMIA process serves as proof that no Canadian citizen or permanent resident is ready, willing, and able to fill a specific position in Canada, and so the employer is allowed to hire a foreign worker. In order to obtain an LMIA, employers must advertise the position for at least four weeks and potentially interview candidates who are Canadian citizens or permanent residents.

Only then, and only if the business can prove that those interviewees did not fulfil the job description, may the business be given the green light to hire a foreign worker. The worker must then apply for a Canadian work permit, supported by the LMIA, before beginning work in Canada.

Temporary Foreign Worker Program

One key characteristic of the Temporary Foreign Worker Program (TFWP) is the requirement for a Labour Market Impact Assessment (LMIA). Any employer wishing to hire a foreign national through TFWP must first obtain an LMIA demonstrating that they were unable to find a Canadian citizen or permanent resident to fill the position. Only after obtaining an LMIA will an employer be able to officially hire a foreign national, enabling the foreign national, in turn, to apply for a Canadian work permit or Canadian permanent residence.

The items below are the most considered by the department of Employment and Social Development Canada (ESDC), when analysing a job offer, for approving a LMIA:

• Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?
• Are the working conditions consistent with labour laws and/or collective bargaining agreements?
• Is there a labour shortage for that occupation in the area the position is located?
• Is there an ongoing labour dispute in the company and/or industry?
• Has the Canadian employer undertaken recruitment efforts in order to find a Canadian to fill the position?
• Will the foreign worker be able to transfer unique skills or expertise to Canadians?
• Will hiring the foreign worker help to create or retain jobs for Canadians?
• Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?

The TFWP is divided into streams for Higher-skilled workers and Lower-skilled workers. Positions located in skill levels 0, A and B of the National Occupational Classification (NOC) system are placed in the Higher-skilled category. Positions located in skills levels C and D are placed in the Lower-skilled category.

• The Stream for Higher-Skilled Occupations — High-Wage Workers
• The Stream for Higher-Skilled Occupations — Low-Wage Workers
• The Stream for Lower-Skilled Occupations — High-Wage Workers
• The Stream for Lower-Skilled Occupations — Low-Wage Workers

Positions where the prevailing wage rate, as set by ESDC, is below the provincial/territorial median wage will be considered low-wage. Those positions where the prevailing wage is at or above the provincial/territorial median wage will be considered high-wage.

How we help?

Our help allows companies to fulfill the following steps, required to hire someone without the proper Canada legal working status

• Post necessary job post to fulfill LMIA requirements
• Find, Contact and Interview candidates according to employers necessities
• Pay Goverment fees and submit LMIA Application
• Apply for the Work Permit on behalf of the new worker
• Guide the worker to and into the work life in Canada

How long does it take to get a LMIA?

LMIA processing times can be somewhat unpredictable, and the LMIA process can range from a couple of weeks to a few months. Employers and workers must also take into the four weeks required to advertise the position.