Labour Market Impact Assessment: All you Need to Know about LMIA Application
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Before July 1st, 2014, the LMIA meaning was known as an “LMO” (Labour Market Opinion). This change was part of the government’s efforts to improve the foreign worker hiring process and ensure the protection of Canadian jobs.
1. What is an LMIA?
An LMIA is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact a foreign worker will have on the Canadian labour market. In other words, it’s a way for the government to ensure that hiring a foreign worker will not have a negative effect on Canadian workers. It is a document where the employer asks the Canadian government for their approval to be able to hire a foreign worker.
The LMIA process protects Canadian workers by ensuring foreign workers are only hired when necessary, maintaining fair wages and working conditions.
Components of an LMIA Document
The components of an LMIA document include employer and job details, wages and benefits, work location, employment terms, recruitment efforts, labour market impact, a transition plan, workplace safety compliance, and ESDC’s assessment results.
Role of ESDC
The role of Employment and Social Development Canada (ESDC) is to assess LMIA applications, ensuring that hiring foreign workers does not negatively impact the Canadian labour market.
They evaluate recruitment efforts, wage standards, work conditions, and economic benefits, ensuring employer compliance through monitoring.
What is ESDC?
Employment and Social Development Canada (ESDC) is a department of the Government of Canada responsible for social programs and the labour market. ESDC’s main function in the LMIA process is to evaluate applications to ensure that hiring a foreign worker will not adversely affect the Canadian labour market.
Primary Functions of ESDC in the LMIA Process
The Primary Functions of ESDC in the LMIA Process involve assessing employer applications to ensure compliance with Canadian labour standards and economic needs, ultimately deciding whether hiring a foreign worker is permissible. Below, we delve into the specific criteria and decision-making processes ESDC uses to evaluate each application effectively:
Application Assessment: When employers submit an LMIA application, ESDC assesses the application to determine the impact of hiring a foreign worker.
Criteria Evaluation: ESDC evaluates the application based on specific criteria to ensure compliance with Canadian labour standards and economic needs. These criteria include:
• Recruitment Efforts: Has the employer put in adequate effort to fill the position with Canadian workers?
• Interest from Canadians: Are there Canadians interested in the position if offered?
• Wage Consistency: Is the wage offered consistent with standard wages for the position?
• Work Conditions: Do the work conditions satisfy Canadian labour standards?
• Economic Benefits: Will hiring a foreign worker benefit Canada’s economy and job market?
• Labour Disputes: Is the affected industry currently undergoing labour disputes?
Decision Making: Based on the assessment, ESDC makes a decision to issue a positive or negative LMIA. A positive LMIA allows the employer to hire a foreign worker, while a negative LMIA means the employer cannot proceed with hiring under that application.
How Does ESDC Interact with Employers?
ESDC interacts with employers by processing LMIA applications, requesting additional information if needed, and communicating the final decision. Understanding this interaction is key to navigating the LMIA process effectively.
Application Submission: Employers submit their LMIA applications to ESDC through their immigration consultants for assessment.
Follow-Up Requests: ESDC may request additional information or documentation from employers to complete the assessment.
Decision Communication: ESDC communicates the decision of the LMIA application to the employer, detailing the outcome and any next steps.
Ensuring Compliance with LMIA Regulations
ESDC ensures compliance with LMIA regulations by monitoring employers, conducting audits, and enforcing penalties for non-compliance, providing a robust framework that safeguards labour market standards.
Monitoring and Enforcement: ESDC monitors employers to ensure they adhere to the terms and conditions set out in the LMIA.
Audits and Inspections: ESDC may conduct audits and inspections to verify compliance with labour market standards.
Penalties for Non-Compliance: Employers who do not comply with LMIA regulations may face penalties, including fines and restrictions on hiring foreign workers in the future.
What is ESDC’s Impact on the LMIA Process?
ESDC impacts the LMIA process by thoroughly assessing applications to ensure compliance. This helps maintain a balanced labour market, protecting job opportunities for Canadian workers while addressing labour shortages with skilled foreign workers.
2. LMIA Work Permit: How It Works
An LMIA work permit is a closed work permit that allows a foreign worker to legally work in Canada for a specific employer after the employer obtains a positive Labour Market Impact Assessment (LMIA).
Employers must apply for the LMIA first, and only after approval can the worker apply for a work permit. This permit is employer-specific, meaning:
- The worker can only work for the employer listed in the LMIA.
- The worker must follow the conditions of the permit, including job role, salary, and location.
LMIA Work Permit Application Process
After a positive LMIA decision, foreign workers must complete the work permit application.
Step1 : Gather Required Documents
Applicants must provide:
- A copy of the positive LMIA decision letter.
- The Job Offer Letter and Employment Contract from the Canadian employer.
- A completed IMM 1295 Application for a Work Permit Outside Canada (if applying from abroad).
- Proof of qualifications (education, experience, certifications).
- A valid passport and, if applicable, a police clearance certificate.
- A completed medical exam (for certain occupations).
The application is submitted through IRCC’s online portal or at a Canadian visa office abroad. Processing times vary by country.
Step 3: Biometrics & Additional Requirements
Some applicants must provide fingerprints and a photo (biometrics).
Step 4: Receive Decision & Travel to Canada
Once approved, the worker receives a Port of Entry (POE) Letter of Introduction and can travel to Canada. The work permit is issued upon arrival.
Pro Tip: If applying from inside Canada, the work permit will be mailed to the worker.
LMIA Applications in Quebec
LMIA applications in Quebec follow a specific process, with unique requirements like wage determination and the assessment of applications by Service Canada. While these steps are similar to the rest of Canada, Quebec has distinct differences that employers need to consider.
Quebec has its own provincial immigration program, the Quebec Skilled Worker Program. Through this program, employers in Quebec can hire foreign workers who have obtained their Quebec Selection Certificate (CSQ) without needing an LMIA. However, if a foreign worker is not eligible for this program or hasn’t reached the necessary stage in their application, employers must apply for an LMIA through the federal government to secure a work permit.
For applications in Quebec, employers must submit a provincial application at the same time as the federal application (LMIA). The name of this provincial application is “Demande de Sélection Temporaire” (DST).
To process the LMIA, Service Canada will communicate with the Ministère de l’Immigration, de la Francisation et de l’Intégration du Québec (MIFI) to evaluate both applications at the same time and reach a final decision on both.
If the applications are approved, the employer will receive an LMIA approval letter, while the foreign worker will receive a Certificate of Acceptance of Quebec / “Certificat d’Acceptation du Québec” (CAQ). The worker has to include both documents with the work permit application and they will have the same validity period.
In terms of the LMIA application itself, the process is the same for employers in Quebec as it is for employers in the rest of Canada. You will need to complete the LMIA application form, provide all required documentation, and pay the LMIA fee.
However, you must also include proof that the provincial application (DST) was submitted to the MIFI.
3. Who Can Apply for an LMIA in Canada?
Employers in Canada can apply for an LMIA to hire foreign workers when they can’t find suitable Canadian candidates. Foreign workers, on the other hand, need this document to obtain a work permit, making both parties crucial in the LMIA process:
Any employer in Canada who wants to hire a foreign worker can generally apply for an LMIA as long as they cannot find a Canadian citizen or permanent resident to fill the position. This includes both small businesses and large corporations. However, to be eligible, the employer must demonstrate that there is an immediate need to hire a worker and the financial capacity to pay his/her wages.
Foreign workers who have been offered a job in Canada and wish to work in the country must have a positive LMIA from their prospective employer in order to apply for a work permit. Note that there are some exemptions to the LMIA process, including the International Mobility Program, which allows some foreign workers to enter Canada without an LMIA. However, this program is based on international trade agreements and reciprocal agreements between Canada and other select countries.
In the case of foreign workers is important to note that IELTS or other type of certificates are not required for obtaining an LMIA; however, language proficiency may be necessary for the work permit or immigration application process.
Who Else is Involved in the LMIA Process?
In addition to employers and foreign workers, several other key actors play vital roles in the LMIA process. These players include Service Canada, Employment and Social Development Canada (ESDC), immigration consultants and lawyers, and specific provincial bodies like Quebec’s MIFI.
Service Canada: Processes LMIA applications.
Employment and Social Development Canada (ESDC): Oversees LMIA process, sets criteria, and ensures compliance with labour market needs.
Immigration Consultants and Lawyers: Provide legal advice, prepare applications, and represent clients.
Permanent Residents: Fill jobs that might otherwise require foreign workers.
Students and Academics: May need LMIAs for certain positions or transitioning to work permits.
Ministère de l’Immigration de la Francisation et de l’Intégration (MIFI) in Quebec: Processes LMIA applications specific to Quebec.
If you are a foreign worker in Canada on a visitor visa and wish to change to a work permit, you must apply from outside Canada or, in specific cases, apply for an employer-specific work permit while in Canada if you have a job offer supported by an LMIA.
What Are the Key Criteria for Employer Eligibility?
The key criteria for employer eligibility in the LMIA process include demonstrating that the job offer is legitimate, that thorough recruitment efforts were made to hire Canadian workers, and that fair wages and working conditions are provided. Employers must also show their business legitimacy and financial stability. Additionally, for certain streams like the Global Talent Stream, employers are required to create a Labour Market Benefits Plan to illustrate how hiring a foreign worker will benefit the Canadian labour market.
Employer eligibility requirements will be determined by the stream. These are the main specific criteria tailored according to different types of job positions and industries:
1- Services: The employer must provide goods or services to the public. This ensures that the business is active and contributing to the economy.
2- Legitimate Job Offer: The employer must present a legitimate job offer to the worker. This offer should include detailed job descriptions, duties, and terms of employment.
3- Wages and Working Conditions: Wages and working conditions offered to foreign workers must be similar to those offered to Canadians.
4- Recruitment Efforts: Employers must have conducted a fair recruitment process actively seeking Canadian workers before turning to foreign labour.
5- Business Legitimacy: An employer must have a legitimate business that has not laid off any employees in the 12 months preceding the application. This demonstrates the stability and reliability of the employer and ensures that hiring foreign workers is a necessity, not a convenience.
6- Intended Occupation: The job offer must clearly define the intended occupation for the foreign worker.
7- Age Limit: There is no specific age limit for LMIA; the focus is on job suitability and meeting employment standards.
8- Financial Documentation: Employers may need to provide financial records to prove business stability and capacity to pay wages.
9- Application Process: Employers must develop a Labour Market Benefits Plan (LMBP) to demonstrate the benefits of hiring foreign workers, such as job creation and skills development for Canadians.
What is the Recognized Employer Pilot (REP) Program?
The Recognized Employer Pilot (REP) is a 3-year program designed to streamline the process for employers who regularly use the Temporary Foreign Worker Program (TFWP) to fill in-demand positions. The pilot offers simplified Labor Market Impact Assessment (LMIA) applications and longer validity periods for approved employers. To apply for the REP, employers must submit a new LMIA application with a request to enroll in the REP included within the LMIA. Only employers who meet the requirements mentioned below will be considered:
To be eligible for the Recognized Employer Pilot (REP), employers must demonstrate a proven history of positive LMIA outcomes and a commitment to maintaining high standards for worker protection and compliance with the Temporary Foreign Worker Program (TFWP). The specific criteria are outlined below:
-Received at least 3 positive LMIA decisions in the last 5 years.
-Alternatively, for those affected by COVID-19 restrictions: at least one positive LMIA in 2022 or 2023, and 2 others as far back as 2016.
-Meet high standards for working conditions and worker protection.
-Agree to adhere to regular TFWP requirements.
The program will be implemented in two phases: Phase 1 begins in September 2023, followed by Phase 2 in January 2024. The LMIA validity periods will extend up to 36 months for approved positions under the Simplified LMIA application process for future hiring needs. Applications are accepted until September 16, 2024, and the program will conclude on December 31, 2026, for employers enrolled in the REP.
Phase 1 Occupations (Starting September 2023):
Livestock labourers (NOC 85100)
Harvesting labourers (NOC 85101)
Specialized livestock workers and farm machinery operators (NOC 84120)
Nursery and greenhouse labourers (NOC 85103)
Phase 2 Occupations (Starting January 2024)
This list includes a wide range of occupations across various sectors, including:
Healthcare:
Registered nurses
Physicians
Veterinarians
Medical technologists
Engineering and Architecture:
Engineering managers
Industrial engineers
Architects
Skilled Trades:
Welders
Carpenters
Mechanics
Electricians
Agriculture and Food Processing:
Various agricultural laborers
Food processing workers
Transportation:
Transport truck drivers
Service Industry:
Chefs
Cooks
Food service supervisors
Manufacturing:
Assemblers
Inspectors
Laborers in various manufacturing sectors
IT and Professional Services:
Software engineers
Accountants
Financial advisors
Employers participating in the Recognized Employer Pilot (REP) must adhere to several key commitments to maintain their status in the program. These include:
Random REP Check-ins: Employers will participate in random check-ins to verify ongoing compliance with REP requirements.
Annual Wage Reviews: Employers must conduct annual wage reviews on January 1 each year to ensure wages remain competitive.
Recruitment Efforts: Employers must continue to actively recruit Canadian workers, even while participating in the REP.
Housing and Wage Compliance: Employers must meet housing inspection requirements and adhere to caps on low-wage Temporary Foreign Workers (TFWs) where applicable.
TFWP Compliance: Employers must ensure compliance with all standard TFWP requirements, including paying prevailing wages and providing workplace safety insurance.
Prevailing Wages: Employers must pay the highest of the regional median wage on Job Bank or the current employee wage range.
Job Duties: Temporary Foreign Workers (TFWs) must perform duties that correspond to their hired occupation.
Safety and Benefits: Employers must provide workplace safety insurance and benefits equal to those offered to other workers.
Labor Standards Compliance: Compliance with provincial and territorial labor standards is mandatory.
Recognized Status: Employers accepted into the REP will receive recognized status and a Job Bank designation, which may attract more prospective workers.
Simplified Applications: Recognized employers can submit simplified LMIA applications for positions on the REP occupations list.
Extended LMIA Validity: LMIAs under the REP can have validity periods of up to 36 months.
Ongoing Compliance: Employers must maintain compliance with both REP and TFWP requirements to keep their recognized status.
Random Check-ins: REP-specific check-ins will be conducted to verify ongoing compliance.
Consequences of Non-Compliance: Failure to comply may result in the loss of REP status, simplified LMIA processes, and extended validity periods.
Employers hiring in British Columbia, Manitoba, Saskatchewan, Nova Scotia, and Quebec may face special requirements, including the need for provincial employer registration certificates.
Remember that LMIA Applications can be submitted up to 6 months before the expected job start date.
4. Applying for an LMIA: High and Low Wage Positions in Canada
The Labour Market Impact Assessment (LMIA) application process in Canada can vary depending on the type of job being offered to a foreign worker. Two main categories of jobs are considered in the LMIA process: high-wage and low-wage positions. Employers must provide accurate information and maintain compliance with wage criteria to avoid penalties. Regular updates on median wages ensure current compliance.
But what exactly do these terms mean, and how do they affect the LMIA application process?
High wage positions refer to jobs that pay a wage higher than the median wage published by the Canadian government for that occupation in the region where the job is located. These jobs typically require higher levels of skill and experience, and the LMIA application process for high wage positions requires a transition plan, wage verification or supporting the future permanent residence of the foreign worker.
Low wage positions refer to jobs that pay a wage lower than the median wage published by the Canadian government for that occupation in the region where the job is located. The LMIA application process for low wage positions will involve a more in-depth assessment of the impact that the hiring of a foreign worker will have on the Canadian labour market and the recruitment efforts done to fill this position.
The employer will be limited on the number of workers needed to be hired based on a CAP limit. The CAP is a percentage calculation of the number of full time and part time workers already employed by the company. The CAP percentage allowed varies depending on the company’s current employee numbers and industry. The LMIA application willl include a review of the availability of Canadian workers for the job, the wage rate offered to the foreign worker, and the working conditions
| Province/Territory | For LMIAs received before November 8, 2024 | For LMIAs received as of November 8, 2024 |
|---|---|---|
| Alberta | $29.50 | $35.40 |
| British Columbia | $28.85 | $34.62 |
| Manitoba | $25.00 | $30.00 |
| New Brunswick | $24.04 | $28.85 |
| Newfoundland and Labrador | $26.00 | $31.20 |
| Northwest Territories | $39.24 | $47.09 |
| Nova Scotia | $24.00 | $28.80 |
| Nunavut | $35.00 | $42.00 |
| Ontario | $28.39 | $34.07 |
| Prince Edward Island | $24.00 | $28.80 |
| Quebec | $27.47 | $32.96 |
| Saskatchewan | $27.00 | $32.40 |
| Yukon | $36.00 | $43.20 |
1. High-Wage Stream:
Transition Plan: Employers must provide a plan to transition to a Canadian workforce over time.
Recruitment Documentation: Detailed records of recruitment efforts including where and how jobs were advertised.
2. Low-Wage Stream:
CAP Limit: Limits on the number of low-wage foreign workers based on the total workforce.
Housing: Employers may need to provide or ensure suitable housing for low-wage workers.
Primary Agriculture Stream: A Vital LMIA Pathway for Canadian Agriculture
The Primary Agriculture Stream under the LMIA process is essential for supporting Canada’s food supply and agricultural economy. This stream allows employers to hire foreign workers for key activities such as planting, harvesting, and raising livestock. To qualify, employers must meet specific LMIA requirements, including providing proof of their agricultural operations, submitting detailed job offers, and ensuring compliance with Canadian labor standards. The stream also includes a Commodity List that outlines the eligible agricultural products and activities.
Primary agriculture involves the production of raw agricultural products, including planting, cultivating, harvesting crops, raising livestock, and other farm operations.
Primary agricultural activities eligible for LMIA include:
● Planting and Cultivating Crops
● Harvesting and Picking
● Raising Livestock
● Farm Maintenance and Operations
● Eligible commodities for LMIA in primary agriculture include:
● Fruits and Vegetables
● Grains and Oilseeds
● Livestock (Cattle, Pigs, etc.)
● Poultry and Eggs
● Dairy Products
● Maple Products Greenhouse, Nursery, and Floriculture
● Apiculture (Beekeeping)
● Mushrooms
● Christmas Trees
● Aquaculture (Fish Farming)
Requirements for LMIA in Primary Agriculture
Proof of Agricultural Operations:
Employers must provide documentation such as farm registration documents, business licenses, and proof of land ownership or lease agreements.
Job Offer Specific to Agriculture:
The job offer must specify primary agricultural activities, including detailed job descriptions and tasks related to planting, cultivating, harvesting, or raising livestock.
Compliance with Agricultural Standards:
Employers must ensure working conditions comply with Canadian labour standards.
5. LMIA Employer Requirement Checklist
To successfully apply for an LMIA in Canada, employers must meet several essential requirements. This checklist outlines the key elements that employers need to prepare, including detailed job offer information, comprehensive recruitment efforts to hire Canadian citizens or permanent residents, and ensuring the offered wage rate is in line with prevailing regional standards.
One of the main requirements for an LMIA application is a detailed job offer, including information such as the job duties, wage rate, and working conditions. The job offer must be for a position that you are not able to fill with a Canadian citizen or permanent resident.
The employer must also provide evidence of recruitment efforts to hire Canadian citizens and/or permanent residents for the job. This may include proof of job postings on various Canadian websites, as well as an outreach to local job placement agencies. For some streams, it is mandatory to post the advertisement in a website addressed to underrepresented groups or specialized websites. The advertising that is required is very specific.
Requirements for Recruitment Efforts
-Job Postings and Advertisements
-Mandatory Advertising: Post the job on the Government of Canada’s Job Bank and at least two other platforms (e.g., online job boards, local newspapers).
-Specialized Websites: For certain streams, advertise on websites targeting underrepresented groups.
Duration of Job Advertisements
-Minimum Duration: Post advertisements for at least four consecutive weeks before applying for an LMIA.
Content of Job Advertisements
-Detailed Job Description
-Wage and Benefits
-Application Instructions
Employers must provide comprehensive documentation, including:
-Copies of Job Advertisements
-Proof of Posting
-Screenshots
-Summary Report: Outline recruitment efforts and platforms used.
-Applicant Details: Document applications received from Canadian citizens and reasons for rejection.
-Outreach Efforts: Include correspondence with job placement agencies and community organizations.
Ensuring Fair Recruitment Practices
Employers must use inclusive, non-discriminatory language in job advertisements and provide equal opportunities to all qualified candidates. Conduct fair evaluations during the interview process and maintain detailed records. There is no interview for the LMIA itself; the process involves submitting the necessary documentation and meeting the requirements set by ESDC.
Employers must ensure recruitment efforts are fair, well-documented, and comply with LMIA guidelines to hire foreign workers while prioritizing Canadian labour market interests.
The wage rate offered to the foreign worker must be in line with the prevailing wage rate for that occupation in the region where the job is located. Each province is broken into various regions and the wage rate required can vary between regions even when the province is the same. This information can be obtained from the Government of Canada’s Job Bank website, except for Quebec. For employers in Quebec, the wage is detailed in a guide issued by the province and updated each year.
Can an LMIA Be Extended?
Extending an LMIA is possible if labour shortages persist, meet compliance requirements, and demonstrate efforts to hire Canadian workers. If you are a foreign worker and would like to extend your work permit with the same employer, you typically need a new LMIA unless the position is LMIA-exempt.
LMIA-approved companies in Canada vary, as approval is granted on a case-by-case basis based on individual applications and the fulfillment of LMIA requirements.
What are the required documents for the LMIA process as an employer
Required LMIA documents for employers include a detailed job description, job title, duties, responsibilities, qualifications, wage rate, working conditions, proof of business registration, financial statements, bank statements, and profit and loss statements.
Provincial Differences in LMIA Requirements
Labour Market Impact Assessment requirements are different according to the province and nature of work. Each province may have specific criteria or additional requirements based on their unique labour market needs and economic conditions.
-Ontario Requirements: Employers must demonstrate recruitment efforts, prove the job is genuine, and show that hiring a foreign worker won’t negatively impact the Canadian labour market.
How to Apply: Submit your application through Service Canada with a focus on high and low-wage positions, as well as specialized streams like Global Talent and Primary Agriculture.
-Quebec Requirements: Employers must follow Quebec-specific rules, including obtaining a Certificat d’Acceptation du Québec (CAQ) in addition to the LMIA. Facilitated LMIA processes are available for certain occupations.
How to Apply: Apply through both the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) and Service Canada, ensuring all provincial documentation is in order.
-British Columbia Requirements: Emphasis on recruitment efforts, wage alignment with provincial standards, and demonstrating the need for a foreign worker.
How to Apply: Applications are submitted to Service Canada, with specific streams available for tech workers under the Global Talent Stream.
-Alberta Requirements: Employers must comply with Alberta’s high standards for job offers, recruitment efforts, and wage rates, particularly in the energy and agriculture sectors.
How to Apply: Service Canada handles applications, with additional considerations for seasonal agricultural workers and positions critical to the province’s economy.
-Manitoba Requirements: Similar to other provinces but with a focus on the agricultural and manufacturing sectors. Proof of effort to hire locally is essential.
How to Apply: Submit the LMIA application through Service Canada, emphasizing Manitoba’s priority sectors like agriculture and food processing.
-Saskatchewan Requirements: High demand in agriculture and construction; employers must show extensive recruitment efforts and wage competitiveness.
How to Apply: Service Canada manages applications, with special attention to the province’s needs in agriculture and trades.
-Nova Scotia Requirements: Strong emphasis on recruitment and the genuineness of the job offer, particularly in healthcare and fishing industries.
How to Apply: Apply via Service Canada, focusing on sectors like healthcare, agriculture, and fisheries.
-New Brunswick Requirements: Employers must adhere to recruitment guidelines and provide clear job offer documentation, particularly in agriculture and aquaculture.
How to Apply: Service Canada is the main point of contact, with a focus on seasonal and agricultural workers.
-Newfoundland and Labrador Requirements: Recruitment efforts and wage standards must be strictly followed, with a focus on the fishing and mining industries.
How to Apply: Applications are processed through Service Canada, with attention to the province’s unique labour needs.
-Prince Edward Island Requirements: Recruitment and wage standards must meet federal guidelines, with an emphasis on agriculture and tourism sectors.
How to Apply: Submit applications through Service Canada, focusing on agriculture and seasonal work.
-Yukon, Northwest Territories, and Nunavut Requirements: Employers must demonstrate a strong need for foreign workers due to the small local labour pool, with an emphasis on mining and construction.
How to Apply: Service Canada handles applications, with additional considerations for remote and essential service positions.
6. LMIA Exemptions Simplified
LMIA exemptions are situations where a Labour Market Impact Assessment isn’t required to hire a foreign worker. These exemptions apply to certain jobs or categories, often because they benefit Canada’s interests or fall under international agreements. Here’s a quick look at when you can hire without needing an LMIA.
International Mobility Program
The International Mobility Program (IMP) is a program offered by the Government of Canada that allows Canadian employers to hire foreign workers without needing a Labour Market Impact Assessment (LMIA). The IMP is designed to help Canadian employers fill labour shortages, bring in specialised talent, and promote the exchange of knowledge and expertise between Canada and other countries. The program offers a range of work permits that are LMIA exempt. Some of the types of work permits available include.
This allows multinational companies to transfer their employees to Canada for temporary work assignments. The employee must have been working for the company for a certain period of time prior and have specialised knowledge or be in a senior management position.
This type of work permit allows citizens of countries that have a free trade agreement with Canada to work in Canada without an LMIA. Some of the FTAs that Canada has signed include NAFTA, CETA, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
This type of work permit allows young people from certain countries to work and travel in Canada for up to two years. The IEC program has three categories: Working Holiday, Young Professional, and International Co-op.
This type of work permit allows employers in Canada to bring in highly skilled foreign workers in certain occupations without the need for an LMIA. The GTS program is intended to help companies fill high-demand positions in science, technology, engineering, and mathematics (STEM) fields.
Eligibility for the Global Talent Stream:
Category A – Designated Partner Referral: Employers must be referred by one of the stream’s designated partners.
Category B – In-Demand Occupation: The position must be in an occupation listed as in-demand by the Canadian government.
This type of work permit allows foreign researchers to work in Canada on a temporary basis to conduct research activities. The researcher must be employed by a designated research organisation in Canada.
These are just a few examples of the types of work permits available under the IMP. Each work permit has its own eligibility criteria and requirements.
We recommend you consult with one of our immigration consultants to determine which type of work permit is appropriate for your situation.
LMIA Exemptions in Quebec
In Quebec, there are specific exemptions and facilitated processes that can streamline or even bypass the standard LMIA requirements. Below are key pathways available for employers in Quebec.
The Quebec Acceptation Certificate
If a foreign national has not applied for permanent residence in Canada, they may be eligible for an LMIA-exempt, employer-specific work permit through the Certificat d’acceptation du Québec (CAQ – Quebec Acceptance Certificate). This remains a viable option for employers seeking to hire workers who are not yet permanent residents.
Facilitated LMIA Processing for Quebec Employers
Quebec’s facilitated LMIA process allows employers to hire temporary foreign workers for specific high-demand occupations without needing to provide proof of recruitment efforts. The list of eligible occupations, updated annually by the Quebec Ministry of Immigration (MIFI), includes roles classified under TEER categories 0, 1, 2, and 3 (previously NOC skill levels 0, A, B). However, it’s important to note that starting in September 2024, there is a temporary suspension on processing LMIA applications for low-wage positions in Montreal where wages are below $27.47/hour. This measure is part of a broader effort to manage labour market dynamics in specific regions and sectors.
LMIA Exempt Work Permit
An LMIA exempt work permit is a type of work permit that allows a foreign worker to come to Canada without an employer first obtaining an LMIA. This means that the foreign worker can start working in Canada without the employer going through the LMIA process.
Special Agreements
There are several special categories and agreements that allow for exemptions or simplified processes for obtaining an LMIA. These categories and agreements aim to facilitate the hiring of foreign workers in specific circumstances and under international trade agreements.
CUSMA/CETA
The Canada-United States-Mexico Agreement (CUSMA) and the Comprehensive Economic Trade Agreement (CETA) are international trade agreements that include provisions allowing for the movement of professionals and other workers without the need for an LMIA. Under CUSMA, professionals, intra-company transferees, traders, and investors from the USA and Mexico can work in Canada without an LMIA. This facilitates the mobility of workers and strengthens economic ties between these countries. Under CETA, EU nationals can enter Canada for business purposes without requiring an LMIA. This includes business visitors, intra-company transferees, investors, and contractual service suppliers.
Quebec Simplified Processing
Quebec has its own simplified LMIA processing for certain high-demand occupations. This process allows employers to hire foreign workers without demonstrating recruitment efforts for specific occupations listed annually by the Quebec government.
The GTS is divided into two categories. Category A is for employers who have been referred by a designated partner and require unique and specialized talent. Category B is for employers seeking to hire highly skilled foreign workers for occupations on the Global Talent Occupations List.
Eligibility Criteria for LMIA under Special Categories
CUSMA/CETA Agreements: Professionals and skilled workers who are nationals of the USA, Mexico, or EU member states can work in Canada without needing an LMIA.
Open Work Permits: Open work permits do not require an LMIA and are often issued to spouses of skilled workers and international students, participants in youth exchange programs, and refugees.
Quebec Simplified Processing: Employers offering jobs in high-demand occupations listed by the Quebec government can benefit from a streamlined LMIA process.
Global Talent Stream: Employers hiring for high-demand, highly skilled occupations or those referred by a designated partner can use this stream to expedite the hiring process.
Impact of Special Categories on LMIA Application Process
These special categories and agreements simplify the LMIA application process, reduce processing times, and facilitate the hiring of foreign workers in specific circumstances. Employers can benefit from streamlined processes, while foreign workers gain quicker access to work in Canada.
Documentation Requirements for Special Category LMIA Applications
CUSMA/CETA: Proof of nationality, job offer, and professional credentials.
Open Work Permits: Proof of relationship to the primary applicant (e.g., marriage certificate) and relevant program participation.
Quebec Simplified Processing: Job offer in a high-demand occupation and compliance with Quebec’s specific requirements.
Global Talent Stream: Labour Market Benefits Plan (LMBP), job offer, and proof of referral for Category A.
These special categories and agreements provide pathways for employers to hire foreign workers efficiently, supporting Canada’s economic growth and addressing labour shortages in various sectors.
Additionally, refugee claimants cannot apply for an LMIA and must follow specific refugee protection and work permit pathways tailored to their status.
LMBP: What It Is and Why Employers Need It
In Canada, the Labour Market Benefits Plan (LMBP) is a document primarily required for hiring high-skilled foreign workers through the Global Talent Stream (GTS) under the Temporary Foreign Worker Program (TFWP). It demonstrates how the hiring will benefit the Canadian labour market, including job creation, skills training, and knowledge transfer.
The Labour Market Benefits Plan (LMBP) outlines how hiring a foreign worker will benefit the Canadian labour market beyond filling the immediate job vacancy, supporting the broader objectives of the Canadian labour market and economy.
Key Components of an LMBP
Job Creation: Detail how hiring a foreign worker will create jobs for Canadians or permanent residents, including direct job creation or indirect opportunities through business expansion or increased productivity.
Skills and Training Investments: Outline specific training programs, apprenticeships, or skills development initiatives for Canadians and permanent residents.
Transfer of Knowledge: Demonstrate how the foreign worker will transfer specialized knowledge and skills to Canadian employees through mentoring, training sessions, or internal training programs.
Enhanced Company Performance: Show how hiring a foreign worker will enhance the company’s performance, leading to greater innovation, productivity, and competitiveness, such as new product development or process improvements.
Long-Term Benefits: Outline long-term benefits to the Canadian labour market, including sustained economic growth, improved industry standards, or enhanced international reputation.
Developing an Effective LMBP
Identify the Benefits: Clearly articulate the specific benefits of hiring a foreign worker using measurable metrics.
Engage Stakeholders: Involve current employees, industry partners, and educational institutions in developing the LMBP.
Provide Supporting Evidence: Include market research, industry reports, and letters of support from associations or educational institutions.
Monitor and Report: Establish mechanisms for monitoring and reporting on LMBP outcomes, and regularly review and update the plan.
Key Activities Supporting LMBP
Explore the essential activities that strengthen your Labour Market Benefits Plan (LMBP):
-Offering internships or co-op placements to Canadian students.
-Partnering with local educational institutions to provide training programs.
-Organizing workshops and seminars for knowledge transfer.
-Creating mentorship programs for Canadian employees.
-Avoid vague claims when developing an LMBP like lack of stakeholder engagement, insufficient evidence, and failure to monitor and report outcomes.
-Remember that updates are allowed for significant changes in business operations or labour market conditions in the LMBP submission process.
Specific Requirements for Different LMIA Streams
1. Seasonal Agricultural Worker Program:
Seasonality Proof: Demonstrating that the job is seasonal and aligns with specific agricultural needs.
Housing: Provision of adequate housing for seasonal workers.
2. In-Home Caregiver Stream:
Care Plan: Employers must outline the care needs and how the caregiver will meet these needs.
Living Arrangements: Ensuring that living conditions meet Canadian standards.
3. Global Talent Stream:
Innovation Benefits: Demonstrating that hiring through this stream will bring significant benefits to the Canadian economy, particularly in innovation.
Designated Partner Referral or In-Demand Occupation: Employers must meet specific criteria based on these two categories.
4. Academics Stream:
Recruitment Documentation: Proof of extensive efforts to recruit Canadian academics first.
5. Film and Entertainment Stream:
Specialized Criteria: Justification based on the necessity of specialized talent not readily available in Canada.
6. Permanent Residence Stream:
Requirements: For hiring foreign workers who are applying for permanent residence in Canada.
Foreign Workers Without a Job Offer
There are several pathways to immigrate to Canada for Foreign Workers without a job offer, such as through the Express Entry system, Provincial Nominee Programs (PNPs), and the Canadian Experience Class (CEC)
7. LMIA Process Steps
To apply for an LMIA in Canada, an employer must follow these steps:
The first step in the LMIA application process is to determine if you are eligible to apply. You must be an employer in Canada who is unable or struggling to find a suitable Canadian citizen or permanent resident for the job.
Before you can submit an LMIA, you will need to gather a number of important pieces of information. This includes information about the job offer, such as the job duties, wage rate, and working conditions. You will also need to provide financial documents to demonstrate that you are capable of paying the wage and to show evidence of recruitment efforts to hire Canadian citizens or permanent residents for the job.
Once you have all of the required information, you can submit your LMIA application to Employment and Social Development Canada (ESDC). You can do this online. There is a fee for LMIA applications, which must be paid at the time of its submission.
Once you have submitted your LMIA application, you will need to wait for it to be processed. The processing time for LMIA applications can vary, but you can expect to wait anywhere from a few weeks to several months. Once your application is assigned to an officer you may be contacted for additional information or to schedule a phone interview. The officer will issue a final decision when all information and documents are provided and assessed.
If your LMIA application is approved, you will receive a document called a positive LMIA confirmation. This document will include the conditions of the LMIA, such as the wage rate, working conditions, and duration of the job offer. The decision letter will include the employer information, work location and the name of the worker(s).
With an approved LMIA in hand, the foreign worker can then apply for a closed work permit to enter Canada. The foreign worker must submit the positive LMIA confirmation with their work permit application.
LMIA Validity and Employment Duration
The LMIA is valid for 6 months from the date it was issued, which means that the employer has this amount of time in which a candidate can submit their work permit application(s).
The employment duration of an LMIA is determined by ESDC and is based on the specific job offer and the expected duration of the work. Some situations can allow for a maximum duration of three years in one approval.
What happens Once the LMIA Application is Approved
Once an employer receives a positive LMIA, they can hire foreign workers who need approved work permits before starting.
Once the employer has received a positive LMIA, they can begin hiring foreign workers who will have to apply for work permits. These workers cannot work while the LMIA is in process; they must wait for the LMIA to be approved and obtain a work permit. Once the employer has received a positive LMIA, they can begin hiring foreign workers who will have to apply for work permits. These workers cannot work while the LMIA is in process; they must wait for the LMIA to be approved and obtain a work permit.
If, at any point before the LMIA is approved, an employer decides to withdraw their application, they can do so by contacting ESDC.
If the employer does not have sufficient candidates and needs help with the hiring process, our sister company Workvantage can help with finding the most suitable candidates globally.
8. LMIA Application Processing Time
The LMIA application processing time typically takes several weeks to a few months. Below is an overview of the average LMIA processing times for January 2025, categorized by stream. These timelines are updated monthly and can vary based on demand:
| LMIA Stream | Processing Time (Business Days) |
|---|---|
| Global Talent Stream | 7 |
| Agricultural Stream | 22 |
| Seasonal Agricultural Worker Program | 14 |
| High-Wage Stream | 68 |
| Low-Wage Stream | 76 |
| Permanent Resident Stream | 156 |
The time it takes to process a Labour Market Impact Assessment (LMIA) application depends on several factors, including the number of applications received by the Temporary Foreign Worker (TFW) Program and the specific LMIA stream. Learn more below about the factors that can influence this timeline:
Factors that Affect Processing Time
The processing time for an LMIA application can vary depending on a number of factors, including the type of job being offered, the location of the job, and the time of year. Here is some more information about a few of the factors that can affect the processing time:
Service Canada may process essential occupations faster than non-essential. An essential occupation is a position of high-impact on the Canadian community such as farm labourers, who are needed to produce food and food products or seasonal workers that need to arrive in Canada for a certain peak season. A non-essential occupation may be something like an administrative position.
LMIA applications are assessed in different processing centres depending on the stream and the company’s location. Some processing centres are faster than others. Applications in Quebec generally take longer to process than any other centre.
LMIA processing times can also be affected by the time of year. For example, processing times may be longer during peak season, such as the summer months.
Average Processing Time
While the LMIA processing time can vary, you can expect the process to take anywhere from a few weeks to several months. It’s important to note that the processing time for LMIA applications can change at any time, so it is always best to check the most up-to-date processing times when you apply even if this is only an estimation.
What Influences Processing Time?
Processing times will vary depending on the number of applications being processed by Service Canada and the type of application. Consulting with an immigration consultant can help expedite the process by ensuring your application is accurately filled out and all necessary documents are promptly provided. The ESDC has also pledged to process certain types of LMIA applications within 10 business days. This includes:
Highest-Demand Occupations: All LMIA applications for the highest-demand occupations (skilled trades).
Highest-Paid Occupations: Highest-paid (top 10%) occupations.
Short-Duration Occupations: Short-duration work periods (120 days or less).
Why is the LMIA Processing Taking So Long?
LMIA application processing times in Canada can be lengthy due to high application volumes and the complexity of some applications.
Labour Market Impact Assessment (LMIA) applications in Canada can take a long time to process for a number of reasons, including:
High Volume of Applications: The number of LMIA Canada applications received by Employment and Social Development Canada (ESDC) can be high, and the department may not have the resources to process them quickly.
Complexity of the Application: Some LMIA applications may be more complex than others, requiring more time and resources to review and assess.
Tips for a Faster LMIA Processing Time
To help ensure a faster LMIA processing time, it is important to follow these tips:
- Ensure that your LMIA application is complete and accurate.
- Provide all required documentation, such as evidence of recruitment efforts, job advertisements on Canadian websites to hire Canadian citizens or permanent residents and financial documents.
- Pay the LMIA fee promptly.
9. Working with an Immigration Consultant for an LMIA
Immigration Pros offers much more than a filled out form. Our team will take care of the entire LMIA application process, from determining the correct stream for your business to filling out and submitting the application.
Our LMIA services include:
Benefits of obtaining an LMIA
Obtaining an LMIA allows employers to access a global talent pool of qualified candidates, support foreign workers’ permanent residency applications, and address critical labour shortages.
Looking for Qualified Foreign Workers for Your Company ?
10. FAQ for LMIA Applications:
Labour Market Impact Assessment (LMIA) applications are submitted to Employment and Social Development Canada (ESDC). The application can be submitted online through the Employer Portal.
In order to submit an LMIA application through the Employer Portal, the employer will need to create an account and provide information about the job offer, the foreign worker, and the company. The employer will also need to pay the LMIA fee and submit any required supporting documents.
As of Q4 2024, the fee for a Labour Market Impact Assessment (LMIA) application in Canada remains $1,000 CAD per worker. This non-refundable fee is required from employers when submitting the application. However, certain LMIA types or specific situations may qualify employers for fee exemptions. It’s important for employers to check if their LMIA application falls under an exempt category to potentially reduce costs.
Yes, you can track your Labour Market Impact Assessment (LMIA) application with the file number through your online account.
You can check the status of your LMIA application on the Government of Canada’s Job Bank website by logging into your account and selecting “My LMIA Applications” from the menu.
An LMIA is valid for six months to apply for a work permit, and it supports employment for up to 18 months once the permit is issued.
LMIA Application Validity: Once issued, an LMIA is valid for six months. This means the employer has six months to use the LMIA to apply for a work permit for the foreign worker.
Employment Duration: After the work permit is granted, the LMIA allows employment for a maximum period, typically up to 18 months. This employment duration is determined by Employment and Social Development Canada (ESDC) based on the specific job offer and expected work period. In certain cases, an LMIA may authorize employment for up to three years. For temporary, seasonal, or project-based positions, the employment duration usually matches the job’s expected timeframe.
It’s important to differentiate between the six-month LMIA application validity and the employment duration. The six-month period provides time for the employer to initiate the work permit process, while the employment duration defines how long the foreign worker is permitted to work in Canada once the permit is issued.
LMIA applications must be submitted by an employer, not the employee. It is the employer’s responsibility to demonstrate the need for hiring a foreign worker and to provide all necessary documentation to ESDC
Any foreign worker applying for a job in Canada that requires an LMIA, such as positions in skilled trades, hospitality, healthcare, and agriculture.
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- 1. What is an LMIA?
- 2. LMIA Work Permit: How It Works
- 3. Who Can Apply for an LMIA in Canada?
- 4. Applying for an LMIA: High and Low Wage Positions in Canada
- 5. LMIA Employer Requirement Checklist
- 6. LMIA Exemptions Simplified
- 7. LMIA Process Steps
- 8. LMIA Application Processing Time
- 9. Working with an Immigration Consultant for an LMIA
- 10. FAQ for LMIA Applications:
- Start your Free Assessment