Applying for Labour Market Impact Assessment (LMIA)
Applying for LMIA
Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job. There are various types of LMIA applications and each type has its own requirements. We may help the employers in getting an LMIA approved by Service Canada.
An LMIA is not a work permit! It is step one for an employer who wants to hire a foreign worker. For LMIA-based work permits, there is a 2-step process:
1 – the employer makes an LMIA application to Service Canada
2 – the foreign worker makes a work permit application, as an LMIA holder
LMIAs are processed by Service Canada (not by IRCC, a consular office, or CBSA). Service Canada is assessing the impact of hiring a foreign national on the Canadian labour market. They are assessing the employer’s need for the worker, and the job offer, and not the foreign national themselves.
Service Canada is also required to determine if a job offer is ‘genuine’, to ensure that the employer legally exists and can demonstrate the ability to provide stable employment for the requested period. If the job offer is not considered to be genuine, the LMIA application will be refused.
Service Canada will use the following factors in making the determination:
- whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made;
- whether the offer is consistent with the reasonable employment needs of the employer;
- whether the terms of the offer are terms that the employer is reasonably able to fulfill; and
- the past compliance of the employer,
Other than these requirements, Service Canada officers must assess seven factors specified under the Regulations :
1.) If the employer claims that a foreign language other than English or French is a job requirement, is it a bona fide requirement for performing the duties.
2.) Whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents.
3.) Whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents.
4.) Whether the employment of the foreign national is likely to fill a labour shortage.
5.) Whether the wages offered to the foreign national are consistent with the prevailing wage for the occupation and whether the working conditions meet generally accepted Canadian standards.
6.) Whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents.
7.) Whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.
Depending on the type of LMIA application submitted such as High-Wage LMIA, Low-wage LMIA, LMIA to support PR, LMIA for agricultural workers, etc, recruitment and advertising requirements vary according to each category.
If you are an employer looking for assistance with an LMIA application, you can Contact Us.