Everything about Labour Market Impact Assessment (LMIA)

A Labour Market Impact Assessment is an official permit or a document that empowers the Canadian employer to hire a skilled foreign worker legally into their company or business. A positive LMIA determines a strong need for a skilled foreign worker to fill the vacancy. Furthermore, it also denotes that no other Canadian worker or Canada PR Visa Holder is available or capable of doing that job. Therefore, Canadian Employers would need a positive LMIA to hire skilled workers overseas.

As a skilled professional, you can move to Canada for Employer with the help of LMIA, or you can choose pathways that are LMIA-exempt. Therefore, you need to identify whether your pathway requires an LMIA process or work permit, then your employer must do one of the following:

• Identify the LMIA exemption codes and work permit exemptions
• Choose the appropriate LMIA exemption or work permit code according to your hiring situation
• Include the exemption code in your offer of employment OR

• Contact the International Mobility Workers Unit if they are hiring a foreign worker who is currently outside Canada and comes from a visa-exempt country

What are the minimum eligibility requirements?

Employers:

• Must demonstrate that their job offer business is authentic and legitimate
• Submit a Transition plan for the same position and work location
• Must advertise the job vacancy on the Government of Canada Job Bank
• Also, conduct a minimum of two additional acceptable modes of recruitment with the occupation
• Wages must be similar to the Canadian workers or residents

Check Your Eligibility

Once the employer receives the LMIA, the skilled foreign worker can apply for a Canadian work permit and eventual Canada Immigration. To apply for Work Permit, Workers need:

• A valid Canadian job offer
• An employment contract
• A copy of the LMIA
• And the LMIA number

What is the process to get an LMIA?

Your employer must acquire a positive LMIA from Employment and Social Development Canada (ESDC) to work in Canada. The LMIA application process differs from the type of program your employer is hiring for. The employer can hire:

• high-wage workers
• low-wage workers
• Skilled workers via Seasonal Agricultural Worker Program
• Skilled workers via Agricultural Stream

You must follow the below process to achieve a positive LMIA:

• Must meet the program eligibility requirements for both employer and employee
• The employer must have a job bank to authenticate the process
• Submit the application and all documents such as LMIA application, business legitimacy proof, proof of recruitment, employment contract, and job offer
• Submit the processing fee of the program on the official portal
• You will receive a positive Labour Market Impact Assessment in a letter form

What are the pathways that do not require LMIA?

Many pathways or scenarios allow Canadian employers to hire temporary foreign workers without an LMIA for the Canada PR Visa

• If you have been for a Canadian employer for a minimum of one year under the LMIA-exempt work permit, then you can work in Canada without an LMIA for forthcoming years
• You may not need LMIA if your current job offer is LMIA-exempt covered by an international agreement such as CUSMA or GATS (Professionals, Traders, and Investors)
• If your job offer is covered by an agreement that includes “Significant Investment” projects
• You may not need LMIA if you are exempted from “Canadian Interests”:

• Significant benefits – You will bring social, cultural, and economic benefits to Canada (mainly for Canada Self Employed Program)
• Reciprocal Employment – You can get a job when Canadians have similar opportunities overseas
• Designated by Minister – Profession under academics that includes guest lecturers, researchers, and visiting professors through a recognized federal program
• Charity and Religious Workers

• You can also achieve LMIA-exemption through the provision for intra-company transferees (Canada Intra-company Transfer Program)

• If you become eligible for International Mobility Program, you can attain LMIA exempt entry to Canada. Your employer must submit an employer compliance fee and an offer of employment form through the official Employer Portal

For more information about the LMIA process, employment opportunities and Canada Immigration process, you can reach us at [email protected] or call us at 8595338595