LMIA
The following guide is for jobs that require a positive LMIA (Labor Market Impact Assessment) before applying for a work permit
In most cases, employers are required to apply for a Labor Market Impact Assessment (LMIA) before hiring foreign workers (see exemptions including NAFTA and GATS). To receive a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to perform the work in question and therefore a foreign worker is required.
LMIA applications should show the following:
There is a strict 15-day deadline for applying to RAD from the day you receive the decision to reject your refugee claim. If you miss this deadline, you will not be able to hear your appeal in RAD.
- Attempts to recruit eligible Canadian citizens and permanent residents
- Wages for the position are in line with the prevailing wage rate paid to Canadians/Permanent residents in the same occupation in the region
- Working conditions for the business meet current provincial labor market standards
- Any potential benefits that may come from hiring a foreign worker to the Canadian labor market, such as the creation of new jobs or the transfer of skills and knowledge
- Higher-paying positions will require e-transition plans should employers demonstrate increased efforts to hire Canadians in the long term.
Positive LMIA is granted to the foreign employee submitting his/her application for a work permit, which is usually issued for one year if granted.
The LMIA is overseen by Employment and Social Development Canada (ESDC) and has an associated application fee of $1,000 for each temporary foreign worker position applied for.
Short processing times of 10 days are available for the highest-demand, highest paying and shortest duration occupations, i.e. skilled trades within the top 10% of the pay bracket and less than 120 days for positions.
The LMIA process varies depending on whether the target employee is classified as “high-wage” or “low-wage.” Temporary foreign workers who are paid under the provincial/territorial average wage are considered low wages, while those paid more or more are considered high wages. Depending on whether a potential employee is classified as high-wage or low-wage, certain provisions apply.
Accelerating LMIA
LMIA will be provided within the 10-business-day service standard for workers in the following occupational categories:
- Occupation with the highest demand
- Highest paying businesses
- Shortest term business
Occupation with the highest demand
The 10-day service standard for this category is limited to skilled trade positions where the wages offered are at or above the provincial/regional average pay. These positions are essential for the development of major infrastructure and natural resource extraction projects and are therefore considered important to Canada’s economic development.