LMIA Which Occupations Qualify
A Labour Market Impact Assessment, LMIA, is a legal document issued by the government of Canada to the employer. LMIA will allow the applicant, a skilled worker, to get a work permit to work in Canada. The applicant can apply for the Work Permit once the employer gets positive LMIA decision from the government.
So, how do you know if you are eligible to submit a LMIA application? Well, any employer can file for LMIA application and it can be for any occupation. However, this does not mean that every occupation has the same chance of success. Generally, a LMIA application is successful if the position applied for falls under NOC A,B, or O. This does not mean that the NOC C or D is excluded, it simply means you will have a different obligation to file those LMIA applications.
Your responsibility as the employer is to demonstrate why such a low skill occupation is something you cannot fill with a Canadian citizen or Permanent Resident. Usually, those who file a LMIA application for a NOC C or D is because they live or their employment is in very remote area of Canada. For example, it could be one of the territories or a secluded area in the province of Ontario in which no Canadians may have the expertise to fill in the positions. Therefore, when looking at NOC C or D it does not mean you cannot apply for the LMIA application but rather have an extra obligation to try and reach out for more Canadians.
If you have any questions about what NOC you qualify for, it is recommended that you visit the National Occupation Code website. If you click on what is called the “Matrix”, you will find an outline of all the NOCs. For example, you will find out what a NOC A is and how that is different from a NOC B, and so forth.
Additionally, the Matrix will also give you a member and code, which you can use to search online. If you type that code in National Occupation Code or Job Bank, you will be able to see job description requirements, education requirements, and more. Evidently, as an employer, it is crucial that you do your homework and conduct extensive research before offering a foreign worker your job position, since you want to ensure that your LMIA application will be a success.
If you have any further questions or require assistance with LMIA application or determining under what NOC to apply then please give us a call and we can help you move forward.
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