Labour Market Impact Assessment (LMIA)

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get from Employment and Social Development Canada (ESDC) before hiring a foreign worker.

A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter.

If the employer needs an LMIA, they must apply for one. Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs:

  • a job offer letter,
  • a contract,
  • a copy of the LMIA, and
  • the LMIA number.

 

LMIA Categories

The LMIA application process depends on the type of program the employer is hiring through.

  • high-wage workers
  • low-wage workers
  • workers through the Seasonal Agricultural Worker Program
  • workers through the Agricultural Stream

 

Eligibility

Most employers need an LMIA before they can hire a temporary foreign worker.

Once an LMIA has been issued, the employer should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit.

Before you start the hiring process, you must determine if you need an LMIA.

An LMIA confirms

  • there is a need for a temporary foreign worker
  • no Canadians are available to do the job

To see if you and the temporary foreign worker you want to hire are exempt from needing an LMIA or work permit, do one of the following:

  • review the LMIA exemption codes and work permit exemptions
    • select the LMIA exemption or work permit code that seems most relevant to your hiring situation and read the detailed description
    • if an exemption code applies to you, you’ll need to include it in your offer of employment

or

  • contact the International Mobility Workers Unit (IMWU)
    • available only if you’re hiring a temporary foreign worker who is both
      • currently outside Canada
      • from a country whose nationals are visa-exempt

 

How to get an LMIA

  1. You’ll need an LMIA from Employment and Social Development Canada (ESDC).

The LMIA application process depends on the type of program you’re hiring through.

Types:

    • high-wage workers
    • low-wage workers
    • workers through the Seasonal Agricultural Worker Program
    • workers through the Agricultural Stream

  1. The Labour Market Impact Assessment application can be submitted up to six months prior to the expected job start date. The application package must include:
    • Labour Market Impact Assessment application form for high-wage positions (EMP5626)
    • Proof of business legitimacy
    • Proof of recruitment

 

  1. Employers are responsible for:
    • ensuring workers meet all of the conditions and requirements of the Temporary Foreign Worker (TFW) Program, as outlined in documents such as the Labour Market Impact Assessment (LMIA) application, the LMIA decision letter and annexes
    • keeping all records associated to their LMIA application and any other documents that demonstrate their compliance with the program conditions that are set out in the LMIA decision letter and annexes for a period of six years
    • informing Employment and Social Development Canada (ESDC)/Service Canada of any changes or errors relating to an approved LMIA, the temporary foreign worker or the working conditions

Employers must regularly review the activities related to the employment of temporary foreign workers to ensure they continue to uphold the TFW Program conditions. Employers are required to take action to rectify errors and/or non-compliance as soon as it is discovered, and contact ESDC/Service Canada of any changes that occur.

 

Government Fee

The employer needs to pay $1,000 for each LMIA application.

LMIA applications are processed in different locations across Canada, depending on the stream or job location. It is important that employers mail or fax their applications to the appropriate office, in order to avoid processing delays.

 

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