The following steps are involved in the LMIA process:
Step 1: Proof of business legitimacy :-
- T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income statement information from the CRA (last two business years)
- T2125 Statement of business or professional activities (redact SIN)
- An attestation from a Chartered Professional Accountant confirming that your business is in good financial standing and will be able to meet all financial obligations to any temporary foreign worker you hire
- Municipal/provincial/territorial business license and incorporation documents
- T4 Summary of remuneration paid from the CRA (most recent version)
- PD7A Statement of account for current source deductions from the CRA
- An attestation from a Chartered Professional Accountant confirming that you are engaged in a legal business that provides a good or service in Canada
- A copy of service contract or other contract showing existing work for the foreign worker (if applicable)
Step 2:- prepare the job advertisement
Employers must conduct recruitment efforts to hire Canadians and Permanent Residents before offering a job to a temporary foreign worker. There are minimum advertisement requirements for the program that need to be followed.
Commonly, an employer would be required to advertise a job in at least three (3) sources for high-wage positions and five (5) sources for a low-wage positions (except Global Talent stream where no job advertisement is required).
Job advertisement should include :
- Company operating name
- Job title for the position being offered;
- Job description, including main duties and responsibilities, should reflect the NOC code for the position;
- Requirements for the position – a list of necessary professional credentials, education, skills, experience, and licence, as required.
- language of work
- terms of employment – details about start and end dates (if applicable) of the position
- Benefit package (if applicable)
- Location of work (local area, city, or town)
- Contact information including telephone number, email address
Job advertisement duration
You must ensure that the job advertisement is done for a minimum of 4 consecutive weeks within the 3 months prior to submitting a Labour Market Impact Assessment (LMIA) application.
At least 1 of the 3 recruitment activities to seek qualified Canadians and permanent residents must be ongoing until the date a positive or negative Labour Market Impact Assessment has been issued.
Step 3:- Provide Employee Information that you are looking to hire
In this step, make sure the employee that you are looking to hire can perform the duties and responsibilities related to the job that is going to be advertised. Ask the foreign worker to submit the following documents.
- Send highest level of education completed
- Language results
- Work experience letters
Step 4:- Recruitment
- review the listing and post the job on the job boards for a period of 4 weeks
- track the eligible applicants who apply to the job postings
- Any applicants who meet all application requirements will need to be interviewed before the LMIA is submitted
- You must justify why each applicant was not hired for the position (e.g. not enough experience, dissatisfaction with wage offered, etc.)
Step 5:- Job contract
Review the job contract and see if meets the ESDC requirements
Step 6 :- LMIA form
Need to fill out the LMIA application form with all the information related to business and the position
Step 7: – LMIA application submission
Once an employer receives a positive LMIA from Serice Canada, they can provide a copy of LMIA to the foreign worker they want to hire who can then apply for a work permit based on the LMIA.
If you are looking for assistance to apply for an LMIA application, you can Contact Us.