Labour Market Impact Assessment (LMIA)
Immigration
The Labour Market Impact Assessment (LMIA) is a pivotal component of Canada's immigration system, playing a crucial role in ensuring that foreign workers are employed in a manner that aligns with the country's economic needs and labor market conditions. It is a comprehensive evaluation conducted by Employment and Social Development Canada (ESDC) to determine the potential impact of hiring a foreign worker on the Canadian job market.
This assessment involves a meticulous examination of factors such as the availability of qualified Canadian workers, wages, working conditions, and the overall need for the specific skill set the foreign worker brings. Understanding the intricacies of the LMIA process is vital for both employers seeking to hire foreign talent and for individuals aiming to work in Canada. This guide aims to provide a comprehensive overview of the LMIA process, its various streams, and its significance in the broader context of Canadian immigration.
CIVIL | TRIBUNALS | PERSONAL INJURY | CRIMINAL
Have a Team Member Call You
Get Started Today to Discuss Your Legal Needs.
Labour Market Impact Assessment
In the majority of cases, a Canadian employer seeking to hire a foreign worker must first obtain government approval before the foreign worker applies for a work permit. This process, known as the Labour Market Impact Assessment (LMIA), entails various steps, including thorough advertising efforts.
These actions are taken by the Canadian employer to assess whether hiring a foreign worker will have a positive or neutral impact on the Canadian job market. It is crucial to ensure that qualified Canadians were not overlooked in favor of the foreign worker, and that the foreign worker will receive a salary and benefits in line with federal and provincial standards.
Before initiating the LMIA application, we carefully evaluate which stream is best suited to meet the specific recruitment needs of the Canadian employer. This includes considering options like the Temporary Foreign Worker Program, specifically the Labour Market Impact Assessment application process.
The LMIA process encompasses different streams based on wage levels and types of workers, including high wage workers, low wage workers, and foreign agricultural workers. Canadian employers under the Temporary Foreign Worker Program are required to obtain a neutral or positive LMIA, a comprehensive application processed by Employment and Social Development Canada (ESDC). This involves demonstrating recruitment efforts, providing selection reports, and establishing the inability to find a Canadian citizen or permanent resident with the necessary skills and expertise.
Once a positive or neutral LMIA is obtained, the employer provides a copy of the approval, along with a detailed job offer letter, to the foreign worker they intend to hire. The foreign national can then proceed with the LMIA-based work permit application, which requires a different set of documents including proof of employment experience and the ability to fulfill the required job duties. It's important to treat this application process with great care, as the LMIA approval letter does not guarantee automatic approval for a work permit.
Temporary Foreign Worker Program
Introducing the Global Talent Stream (GTS) - An Expedited LMIA Process
The Global Talent Stream (GTS) is a groundbreaking initiative launched in June 2017, as a collaborative effort between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). Tailored to elevate the competitive edge of select Canadian employers, this two-year pilot program is designed to facilitate the recruitment of highly-skilled international professionals on a global scale through an accelerated hiring process under the Global Skills Strategy.
Expedited LMIA Application Processing
Under specific circumstances, there exists an opportunity to fast-track the processing of LMIA applications, allowing for a swift ten-business day turnaround, provided the application satisfies at least one of the following criteria (subject to certain restrictions):
- Highest-Paid Positions:
- The positions requested offer a prevailing wage equivalent to or surpassing the top 10% of wages earned by Canadians or permanent residents in the respective province or territory of employment.
- Skilled Trades:
- The positions pertain to skilled trades listed under eligible occupations.
- The wage offered meets or exceeds the provincial or territorial hourly median wage.
- Short Duration Employment:
- The requested positions involve a period of employment lasting 120 calendar days or less.
- Additionally, the wage offered for these positions meets or surpasses the provincial or territorial hourly median wage.
Express Entry Support
Furthermore, this program extends support for skilled workers seeking permanent residence under Immigration, Refugees and Citizenship Canada's Express Entry eligible programs through a valid job offer.
The Global Talent Stream stands as a testament to Canada's commitment to fostering a dynamic and globally competitive workforce, ushering in a new era of international collaboration and innovation.
Is there anything else you need to know?
We have everything you need in one place.
The majority of our rates can be found on our website. Bundled and unbundled services are available. Hiring us means you'll know what to expect when it comes to transparent, fast, easy, professional service.
Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.
It is important to understand the facts of your case if you have a legal matter. Choosing an experienced legal counsel who can craft a strategy for your case is the best way to proceed.
Frequently Asked Questions
Here are answers to some common questions.