How to apply for a LMIA in Canada

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain before hiring a foreign worker. It verifies that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. Here's a detailed breakdown of what an LMIA is and how to apply for it as an employer:

What is an LMIA?

The LMIA process ensures that hiring a foreign worker will not negatively impact the Canadian labour market. It confirms that there is a shortage of qualified Canadian citizens or permanent residents for the job.

Types of LMIA

 There are various types of LMIAs depending on the job position, duration, and wage level:

• High-Wage Workers: Jobs that pay above the provincial/territorial median wage.

• Low-Wage Workers: Jobs that pay below the provincial/territorial median wage.

• Seasonal Agricultural Worker Program (SAWP): Specific to agricultural jobs that meet certain criteria.

• Global Talent Stream: For highly skilled positions in certain tech occupations.

How to Apply for an LMIA

An employer applying for the LMIA will have to:

• Ensure the job offer is genuine and meets all requirements.

• Prepare a transition plan (for high-wage positions) to ensure efforts to recruit, retain, and train Canadian workers.

• Show proof of efforts to recruit Canadian citizens or permanent residents. This includes advertising the job in various forums (e.g., Job Bank, newspapers, job boards).

• Document these recruitment activities and their outcomes.

Application Process

• Complete the Application Form

Applicant will have to select the appropriate LMIA stream and fill out the relevant form.

• High-Wage and Low-Wage positions have different forms.

• Forms are available on the Government of Canada website.

• Submit Required Documents: Attach supporting documents such as proof of recruitment efforts, business legitimacy documents, and employment contract details.

• Pay the Processing Fee: There is a fee associated with most LMIA applications. As of the latest information, the fee is CAD $1,000 per worker. Some exceptions apply, such as for in-home caregivers.

Submit the Application

• Applications can be submitted online or by mail to the appropriate Service Canada office.

• Ensure all documents are complete and accurately filled out to avoid delays.

Wait for the Decision

• Service Canada will review the application and may contact you for additional information or clarification.

• The processing time can vary, but you can check current processing times on the Government of Canada website.

Receive the LMIA

• If approved, you will receive a positive LMIA. This document will include a confirmation number that the foreign worker needs to apply for a work permit.

• If not approved, you will receive a negative LMIA with reasons for the decision.

Additional Considerations

• Employers must comply with all employment and recruitment laws. Service Canada may conduct inspections to ensure compliance.

• Ensure the job offers competitive wages and favorable working conditions.

Don’t get scammed by fake employers and fake job offers

To verify that an employer has a Labor Market Impact Assessment (LMIA), you can follow these steps:

1. Ask the Employer for Proof:

• Request a copy of the positive LMIA approval letter from the employer. This letter is issued by Employment and Social Development Canada (ESDC) and should include important details such as the employer’s name, the position offered, and the LMIA number.

2. Contact ESDC/Service Canada:

• You can contact ESDC or Service Canada to verify the authenticity of the LMIA. Employers who have received a positive LMIA will have their details on record with these government agencies.

• Phone: Call the Employer Contact Centre at 1-800-367-5693 (toll-free) for assistance.

• Email: Employers can contact via email through the Service Canada website, though this may take longer.

What to Look For in an LMIA Approval Letter:

• Employer’s Details: Company name, address, and contact information.

• Position Details: Job title, duties, wage, and duration of employment.

• LMIA Number: A unique identifier for the LMIA.

• Approval Details: Confirmation that the LMIA is positive and valid for the specified position and duration.

Following these steps, you can verify whether an employer has a valid LMIA and ensure the job offer is legitimate.