What is an LMIA?
Employers of few types of temporary workers are required to get a Labour Market Impact Assessment (LMIA) prior to the worker applying for a work permit. An LMIA is a document from Employment and Social Development (ESDC) Canada that allows the employer permission to recruit a temporary foreign worker. A positive LMIA means that:
- There is no Canadian worker available for the job
- There is a need for a foreign worker to fill the job offered
- Hiring a foreign worker will not affect the Canadian labor market negatively
Steps to apply for an LMIA:
- Determine Skill Level:
To apply for an LMIA, it is important to start by determining the skill level of the intended occupation. This can be determined by checking the National Occupation Classification (NOC) system; a system that organizes job titles in occupational group descriptions.
- Meet Minimum Advertising Requirements:
Make genuine efforts to hire a Canadian citizen r permanent resident through advertisements. Advertisement should be posted for 1 month within the three months before submitting an LMIA application. Provide proof of the ads used to target an audience with appropriate fit and skill for the job.
- Prevailing Wage Rate:
Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent residents
- Special Conditions:
Basis the industry one is hiring temporary foreign worker for there may be special conditions to be followed. Example of sectors: seasonal agriculture, live-in caregivers, occupations that need formal training for NOC C and D jobs etc.
- Eligibility Requirements:
The employer must demonstrate that there is no Canadian worker available for the job and hiring a foreign worker will not affect the Canadian labor market negatively
- Application Submission:
The employer must submit an application for LMIA to Service Canada. This application can be submitted before the employer has identified a temporary foreign worker
- Connecting with Foreign Worker:
Service Canada will assess the LMIA application. If Service Canada approves the job offer, they will release a copy of the approved LMIA to the shortlisted temporary foreign worker. Along with the LMIA, the temporary foreign worker will apply for the respective permit.
If approved, these confirmations are valid for 6 months. The duration of work permits based on positive LMIA is limited to a maximum of one year for all low-wage positions and maximum of two years for high-wage positions.
If LMIA is rejected the processing fees are not refunded. If you have additional documentation that can help get a positive decision, a new application can be submitted to re-asses your request..
Employers must pay $1000 fee for each LMIA requested and selected occupations are eligible for 10-day processing times
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