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LMIA

A positive LMIA is required by the foreign nationals looking to work in Canada.

A Labor Market Impact Assessment (LMIA) is a document issued by the Employment and Social Development Canada (ESDC) which confirms that job in question couldn’t be filled by a Canadian citizen or a permanent resident, therefore, arising the demand to hire a foreign national.

LMIA application should demonstrate the following: –

  • Employer has made sufficient efforts to recruit Canadian citizens/permanent residents.
  • Wages offered by the position are in accordance with the prevailing median wage rate paid to Canadian/permanent residents in the same occupation in the region.
  • Working conditions are consistent with the provincial labor market standards.
  • Enlist the potential benefits like creation of new jobs or transfer of skills and knowledge that hiring a foreign national might bring to the Canadian Labor Market.
  • A transition plan demonstrating employer’s intention to reduce reliance on temporary foreign workers over period of time.

Types of LMIA

  • Low-wage LMIA
  • High-wage LMIA
  • LMIA for agricultural workers
  • LMIA for seasonal agricultural workers
  • LMIA to support a permanent residence (PR) application.
  • Dual intent LMIA
  • LMIA for Global Talent Stream
  • LMIA for in-home caregivers

LMIA processing time

The processing time for a LMIA depends upon the category in which the targeted employee is classified. Standard processing time for LMIA approval is three to four months. However, ESDC has identified some categories of LMIA application which may be processed within 10 business days. Those categories are: –

  • LMIA application for the highest demand occupation i.e skilled traders.
  • Highest paid (top 10%) occupation, or
  • Short- term work periods (120 days or less)

Once a positive LMIA is issued, the applicant must apply for the work permit within 6 months. If expired, a new LMIA needs to be applied.

LMIA and Express Entry

A positive LMIA is also one of the most useful tools for meeting the criteria under the Federal skilled worker stream of the Canadian Express Entry Program. It helps in improving Comprehensive score rating CRS by 200 points for a potential foreign employee under NOC00 and will add up to 50 points in NOC’s O, A or B category.

Additional Requirements

  • All job vacancies need to be advertised across the Canadian job market for at least four weeks prior submitting an LMIA application. In addition to Canada job bank website the employer is required to prove that they have used at least two other recruitment methods to target potential employees. Advertisements also need to be focused on underrepresented groups of Canadians. (e.g, Disabled people, aboriginal, youth)
  • The employer needs to submit a detailed record of the recruitment process; list of Canadian candidates who applied; who were interviewed and also the explanation for them not being considered for the job.
  • The employer must pay a LMIA processing fee of CDN $1000.
  • For the purpose of LMIA applicants, English and French are the only two languages eligible to be listed as employment requirements.
  • Canadian employer also needs to ascertain that they will prohibit from laying off or reducing the hours of Canadian workers in the wake of employing temporary foreign labor.

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