Guide to the LMIA Application Process, Requirements, and Exemptions

If you want to hire foreign workers for your company, you will need an LMIA. There are some limitations on hiring foreign workers that you must follow because these rules are set by the government effectively. You can only hire a foreign worker when Canadian citizens or permanent residents cannot meet your job requirements. Employment and Social Development Canada (ESDC) issues the LMIA. In this article, we will explain how the LMIA application process works and what the rules and exemptions are. This information is crucial for both employers and foreign workers, so they can easily follow the process and complete the requirements efficiently.

What is an LMIA?

The Labour Market Impact Assessment (LMIA) is actually a proof that shows hiring a foreign worker will not harm the job opportunities for Canadians. Before hiring a foreign national, Canadian employers usually need to obtain an approved LMIA.

Who Needs an LMIA?

In Canada, LMIA is not necessary for every job. Usually, employers need it when they cannot find a Canadian citizen or permanent resident who is qualified for the role. The LMIA process makes sure that Canadian workers get the first chance at the job and that hiring someone from another country is really needed because your primary processes are dependent on it.

Some industries where LMIA applications are often needed include:

• Agriculture and farm work
• Hospitality and food services
• Construction and skilled trades
• Caregiving roles, such as nannies and home support workers

LMIA Application Process

The LMIA process includes:

1. Determining Eligibility

Before applying, the employer needs to check if the job qualifies for an LMIA. They also have to show that no Canadian citizen or permanent resident is available to do the job.

2. Job Advertisement and Recruitment

In most situations, employers have to post the job on different websites or platforms for at least four weeks in a row. This includes the Government of Canada Job Bank and other sites related to the industry. The purpose is to show that they made real efforts to find a local worker first.

3. Submitting the LMIA Application

The employer sends the LMIA application to ESDC. The application has details about the job, the company’s efforts to find local workers, and proof that hiring someone from another country will not harm the Canadian job market.

4. Paying the Processing Fee

Employers have to pay a non-refundable fee of CAD 1,000 for each worker when applying for an LMIA. If they apply through the Global Talent Stream, there is an extra fee as well.

5. Waiting for Approval

The time it takes to process an LMIA depends on the type of application, the industry, and the location. Regular applications may take a few weeks to several months, while those under the Global Talent Stream are usually completed within about two weeks.

6. Issuance of the LMIA

If approved, the employer will receive a positive LMIA. This document is then provided to the foreign worker, who uses it to apply for a Canadian work permit.

Requirements for LMIA

To get an LMIA approved, employers must follow certain rules. They have to show that they made genuine efforts to hire Canadian citizens or permanent residents before offering the job to a foreign worker. The job offer must pay at least the standard wage for that type of work in the area. Employers must also present a plan outlining how they intend to reduce their future reliance on foreign labor for high-paying positions. They also have to provide safe working conditions and follow all provincial and federal labor laws.

LMIA Exemptions

Some foreign workers don’t need an LMIA if their job is part of an agreement, a special program, or benefits Canada. Examples include:

• International Agreements: Jobs under agreements like CUSMA (previously NAFTA) usually don’t need an LMIA.
• Intra-Company Transfers: If the employees are moving from a company’s foreign branch to its Canadian office, the LMIA may not be required.
• Benefit to Canada: If the workers have unique skills that can help Canada’s economy or culture, the LMIA may not be required.
• Post-Graduation Work Permits: International students who graduate from DLI schools can work without an LMIA.
• Spouses of Skilled Workers: They may get an open work permit without needing an LMIA.

Conclusion

The LMIA process protects the rights of Canadians. If the local workers are not able to meet the job requirements, then the employers can hire a foreign worker, but the most important thing in this process is to follow the government rules. If you want to know more about the LMIA process, then contact professional LMIA consultants for accurate guidance.