Labour Market Impact Assessment (LMIA) FACT SHEET

What you need to know!

Labour Market Impact Assessment (LMIA), previously known, as the Labour Market Opinion (LMO). Any Canadian employer who is looking to hire a temporary foreign worker requires the Labour Market Impact Assessment.

When the information is completed and processed the Employment and Social Development Canada will assess that information and will determine if the employer gets a positive LMIA or a negative LMIA.

• LMIA, when received is a letter of confirmation
• Positive LMIA means that a foreign worker is necessary to fill a job since a Canadian worker is not available for that particular job
• Negative LMIA will show that the job the employer is looking to hire a foreign worker can be done by a Canadian worker who is available

WHY LMIA?

The Labour Market Impact Assessment is important because this shows whether or not foreign workers are needed to better the Canadian economy or if there are Canadians available.

LMIA is done to ensure that there is no negative impact on Canadian labour market

Allows the Canadian employer to hire a temporary foreign worker under the Temporary Foreign Worker Program if they are unable to find local workers

Do I Need a Labour Market Impact Assessment?

• For certain jobs a LMIA is required, it is an application that needs to be filled by you and your employer
• The fees regarding the LMIA, which has increased over the years is to be paid by your employer and not you.
• LMIA is only given for a certain period of time and for a specific job. If the job is extended or it is a different job a new LMIA will be required by the Canadian government

When is LMIA not required?

Since LMIA is a legal document given by the government of Canada that allows a Canadian employer to hire a temporary foreign worker instead of a Canadian, it is important that the LMIA be provided. Though there are certain cases where an LMIA is not always required,

The following are the cases where a LMIA may not be required but a work permit will be required.

Employees hired through the International Mobility Program

• Co-op students
• Exchange programs
• Part of an international agreement
• Entrepreneur
• You are an academic (you work as a professor)
• Refugee status

Are there disadvantages to Labour Market Impact Assessment?

• When it comes to advertising for the job which is need to prove to Service Canada that the job was applied in Canada for Canadians citizens, you might get more Canadians hence leaving you to hire a Canadian instead of a temporary foreign worker.
• Difficult to convince the government of Canada that temporary workers are needed
• Employer may fill out the LMIA and get a temporary foreign worker but that worker might incur abuse by the employer

Also in the LMIA…

Employers will have to show that they genuinely tried to get Canadian workers for job but were unable to acquire any.

Employers will also be required to state why it is important they hire a temporary foreign worker and not a local worker

Further information will be needed with regards to how the job was advertised, how many Canadians applied to the job, how many were interviewed

If Canadian were interviewed, will need to provide information on the fact as to why they were not hired.

Where is the application for the LMIA submitted?

The application for the Labour Market Impact Assessment is submitted to Service Canada, where the information is assessed and it is then determined if you will get a positive or a negative LMIA

What does Service Canada look for with regards to LMIA?

• How much will the foreign employee be paid
• The conditions the foreign employee will be working in
• How will this benefit the Canadian labour market
• That the employer made genuine efforts to obtain a local worker, as in they advertised the job and considered the local applications

We are here to help!

Labour Market Impact Assessment applications can be very time consuming and very detailed. Moreover, they are very time sensitive, the application and all the other documents relating to the application have to be sent in within a certain time frame. If a small piece of the application is missing, it can delay the whole process, which is why at Akrami and Associates we have experience representatives who have dealt with many Labour Markey Impact Assessment application and can help you get the results you need and fast!