Labour Market Impact Assessment (LMIA)

Immigration Firm in Scarborough, Toronto

What is a Labour Market Impact Assessment?

This type of an assessment is an additional requirement before employers can hire foreign workers. The purpose of this process is to demonstrate that no Canadian Citizen or Permanent Resident is willing and available to fill a specific position in Canada. As a result, Canada ensures that Canadian Citizens and Permanent Residents have priority for these Canadian jobs before hiring foreign nationals. For most cases, in order for applicants to apply for a work permit they must be issued a positive Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC).

Here are some of the general factors to obtaining a positive LMIA:

  • Availability of Canadian citizens or Permanent Residents to fill the position
  • Employer’s attempts to recruit Canadian citizens or permanent residents
  • Employer’s attempts to train Canadian citizens or permanent residents for the position
  • Occupation meets the current prevailing wages in the region
  • Occupations working conditions are consistent with provincial standards
  • Clear evidence that there is a labour shortage for that occupation in its located area
  • Effect on the Canadian labour market of hiring a foreign worker for the position
  • Potential for unique skills, training and knowledge to transfer to Canadians that a foreign worker can provide

What are the requirements of a Labour Market Impact Assessment?

The requirements of an LMIA is split into two groups of High and Low skilled occupations and further subgrouped into High or Low wages.

HIGH SKILLED OCCUPATIONS — HIGH WAGE WORKERS LOW SKILLED OCCUPATIONS — HIGH WAGE WORKERS
  • Advertising must be in the National/Provincial Job Bank for at least 28 days. There must be two additional sources of advertisement, and one of them must be national in scope.
  • Transition Plan must be completed by the employer
  • Advertising must be in the National/Provincial Job Bank for at least 28 days. There must be two additional sources of advertisement, and one of them must be national in scope.
  • No more than 10% of temporary foreign workers may be employed at a worksite
HIGH SKILLED OCCUPATIONS — LOW WAGE WORKERS LOW SKILLED OCCUPATIONS — LOW WAGE WORKERS
  • Advertising must be in the National/Provincial Job Bank for at least 28 days. There must be two additional sources of advertisement, and one of them must target under-represented groups.
  • Transition Plan must be completed by the employer
  • Advertising must be in the National/Provincial Job Bank for at least 28 days. There must be two additional sources of advertisement, and one of them must target under-represented groups.
  • No more than 10% of temporary foreign workers may be employed at a worksite

 

LIST OF SOME LMIA EXEMPT PROGRAMS
  • NAFTA Professionals
  • Intra-company transferees
  • Pre and post-graduate student work programs
  • Spousal & Common law work permits
  • Working Holiday Program (IEC)

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