Labour Market Impact Assessment
We have all the answers to your LMIA questions. Find out what you need, when it’s required and how much that will cost!
- What is a Labour Market Impact Assessment?
- When is LMIA needed?
- How Do I Know Which Stream I Apply Under?
- Can Employers Hire an External LMIA Consultant?
- How to Receive LMIA?
- Who Issues LMIA?
- LMIA Application Process
- LMIA Edmonton: Employer Requirements
- LMIA Application Processing Time
- LMIA Processing Fee
- Validity of a Work Permit
- LMIA Restrictions in Alberta Lifted on May 1, 2022
- LMIA Jobs in Edmonton & Alberta
- Work with Best LMIA Consultant in Edmonton
What is a Labour Market Impact Assessment?
A Labour Market Impact Assessment (or LMIA for short), is a document that confirms that there is no Canadian or Permanent resident available to do a job and therefore a foreign worker is needed.
When is LMIA needed?
A Labour Market Impact Assessment is required if you are hiring a temporary foreign worker under one of the following streams:
- high-wage workers
- low-wage workers
- workers through the Seasonal Agricultural Worker Program
- workers through the Agricultural Stream
- LMIA to Support a Permanent Residency Visa Application
- Global Talent Stream
- LMIA for In-Home Caregivers (read a related article here)
How Do I Know Which Stream I Apply Under?
Every province and territory has a median hourly wage as determined by Statistics Canada. If the hourly wage offered by the employer is above the median value, a high-wage stream should be selected. This page contains the medians across Canada and all territories for 2022.
Conversely, if the hourly wage is below the median, employers should select the low-wage stream.
Seasonal Agricultural Worker is a simplified program that has been designed for citizens of participating countries (see the list below) who wish to work in the agricultural sector.
Agricultural stream is a program open for on-farm work in specific commodity sectors (poultry, livestock, grains, flowers etc as defined by the Canadian Government).
Dual LMIA is a program designated to support work permit t AND a permanent residence application. Under this stream, foreign workers are able to work for the employer, while waiting for their PR application to be processed by IRCC. Job offer may be eligible for 50 or 200 extra points in Express Entry.
Global Talent stream is a program developed to help innovative businesses hire top talent all across the globe. The list of eligible professions is limited to computer-related professions (see full list here), however applications are usually very quickly – within 2 weeks from applying.
LMIA for Caregivers allows households to hire foreign workers of specific health-care related professions as nannies, nurses or home support workers. It is designated only for potential candidates that are already in Canada. The government created two different Pilot programs for overseas applicants. ( Home Child Care Provider Pilot and Home Support Worker Pilot).
What Should I Do if I Need to Change the Stream?
You will need to cancel your current application and reapply under a different stream.
Who Should Apply For LMIA?
LMIA should be applied for and received by the employer or by employer’s representatives. LMIA is not meant to be issued to a worker. Workers should apply and receive a work permit.
Can Employers Hire an External LMIA Consultant?
Yes! The Canadian Government accepts applications from employers and their designated representatives. This means that you can process paperwork internally or have it done for you by a certified professional. The latter option is more expedient because you only contract an outside consultant when you need the service vs. having to keep an in-house specialist dealing with LMIA applications.
LIVIN Immigration, led by Justyna Dzioch, is officially authorised by the Canadian government to represent employers and submit LMIA applications on their behalf. We encourage you to work with professionals and eliminate the risk of rejection from the government.
Justyna has a proven track record of positive LMIA decisions from the Ministry of Development and Social Development (ESDC) of Canada.
Feel free to reach out to us via phone, website or come to see us in person!
When Should Employers Apply for LMIA?
Application should be filed up to 6 months prior to the expected date of hire.
How to Receive LMIA
To receive LMIA, the employer must provide a set of documents showing the need for a foreign temporary work, prove legitimacy of the business, prove that LMIA payment has been made. Employers should also demonstrate that that s/he has taken reasonable efforts to find qualified Canadian workers to fill the position, however has not been able to do so. This includes evidence of job advertisement, interview records with substantiation why this candidate is not a good fit.
Who Issues LMIA?
LMIA is issued by the Ministry of Employment and Social Development (ESDC) by conducting on-site inspections on behalf of the IRCC.
A positive LMIA means that the employee has been able to prove to the authorities that a foreign worker is needed, and as a next step employee can apply for a work permit.
LMIA Application Process
The LMIA process starts with checking whether you are exempt or not. Some occupation codes are exempt from LMIA, and you might be able to hire a temporary worker without having to apply for LMIA. Therefore, we recommend that you refer to the exemption codes first.
Once the need for LMIA has been determined, you are free to initiate the process.
This application process is two-fold: the employer submits an application to ESDC and the employee applies for a work permit when positive decision on LMIA is rendered.The application is submitted via the LMIA application portal or via e-mail to specific office.
LMIA Edmonton: Employer Requirements
To be able to apply for an LMIA in Edmonton, employers must prove they are actively conducting business.
In addition, employer must also meet the following requirements:
- Employer must be actively engaged in business: must have a legal status and must have active operations, providing goods and services
- Must have a physical location in Edmonton, where the employee will work and must be able to provide stable employment for the period requested.
- The company must not be sex-industry related, in the non-compliance list or in default of a non-compliance financial penalty
- Must prove that s/he has taken reasonable efforts to hire Canadian citizens/Permanent residents by showing advertising and interview records. Must also substantiate why other candidates cannot be hired after the interviews.
- The job must not be on the list of low wage positions, be located in a region with 6%+ unemployment rate, certain food & retail positions or above a certain cap.
- Cooperate with an on-site inspection if required
- Must pay the employee not less than prevailing wage on the Offer of Employment
- Any deductions must be agreed on in the Offer of Employment
- Any changes that negatively affect the employee may require a new work permit.
- If the employee is unsure if they are violating the terms of employment, they can voluntarily disclose information to ESDC.
LMIA Application Processing Time
Initiating your LMIA application takes up to 10 minutes via an LMIA Online Portal. Preparation of the application and supporting documents can take hours. LMIA is a very technical application.
Depending on the stream you choose, your application processing time can range from 10 days (Global Talent Stream) to 60 days (Low Wage Stream).
The general rule of thumb is that highest-demand, highest-paid, shortest duration occupations (the so-called ‘skilled trades’) are usually processed within the shortest possible time. Conversely, applications to hire low-paid, long-term workers are processed at a slower pace.
LMIA Processing Fee
Validity of a Work Permit
Work permits are typically issued for a maximum of 2 years. Depending on the validity of passport and type of LMIA. For example, work permits issued for employees under NAFTA or GATS are typically issued for 12 months. For executives and top managers the total duration of stay cannot exceed 7 years.
LMIA Restrictions in Alberta Lifted on May 1, 2022
On May 1, 2022 the Government of Alberta announced that restrictions on certain occupations under the Temporary Foreign Worker Program would be lifted.
Restrictions were introduced on November 2, 2020 as a COVID-19 response and covered 475 occupations that were added to ‘The Refusal to Process list’.
This measure was introduced to prioritize jobs for Albertans. This limitation has now been canceled and businesses in Alberta are free to recruit Temporary Foreign Workers as usual.
LMIA Jobs in Edmonton & Alberta
Jobs that offer LMIA in Edmonton and Alberta can be found online via job sites.
The most popular trades are cooks, food industry supervisors, construction workers, retail and sales supervisors, and truck drivers. The list, however, isn’t exhaustive – the list of LMIA job openings is actually extensive, so feel free to apply for the job of your dream! Once a hiring decision is made by the employer and there is a labour shortage in the Canadian workforce, they may apply for an LMIA, and if a positive decision is made it will allow you to apply for a work permit.
Work with Best LMIA Consultants in Edmonton
LIVIN Immigration Services & Consulting helps employers in Edmonton and all over Canada to apply for and get positive LMIAs from the Canadian government. We have successfully guided our clients through the LMIA process, helping their businesses to grow. Here is what our clients say about us:
Get in touch with us today at (780) 975-9159 to discuss your LMIA application.