Labour Market Impact Assessment LMIA

What is LMIA? Breaking Down the Basics

First things first: you’ve probably heard about LMIA, but maybe you’re wondering what all the fuss is about. The Labor Market Impact Assessment (LMIA) might sound intimidating, but it’s actually pretty straightforward.

Think of LMIA as your golden ticket to hiring international talent. It’s basically a green light from Employment and Social Development Canada (ESDC) saying, “Yes, you can bring in a foreign worker for this position”.

When ESDC gives you a positive LMIA, they’re confirming two crucial things:

• Your business really needs a foreign worker
• No qualified Canadians or permanent residents are available for the job

The Purpose Behind LMIA

The story behind LMIA is simple – Canada wants to make sure its own citizens get first crack at available jobs. But there’s more to it than that. LMIA also acts as a shield for foreign workers, guaranteeing them:

• The same wages Canadian workers would get
• Safe workplace conditions
• Proper health coverage

ESDC doesn’t just hand out LMIAs like candy. They carefully look at:

1. How hiring foreign workers affects Canadian jobs
2. The working conditions you’re offering
3. Whether knowledge transfer will happen
4. Possibilities for creating jobs for Canadians

Who’s Who in the LMIA World

Getting an LMIA approved takes teamwork. Here are the key players you’ll meet along the way:

1.Employment and Social Development Canada (ESDC)

• • Reviews your application
  • Checks labor market effects
  • Makes the final call

2.Service Canada

• • Handles paperwork
  • Makes sure rules are followed
  • Offers help when needed

3.Canadian Employers

• • File LMIA applications
  • Show proof of recruitment efforts
  • Follow labor rules

4.Foreign Workers

Can’t apply for LMIA themselves

• • Need to wait for employer’s positive LMIA
  • Use LMIA to get work permits

The Labour Market Impact Assessment plays a crucial role in assessing whether the hiring of foreign workers will benefit the Canadian economy and ensure there is no adverse impact on the domestic labour market.

LMIA allows Canadian employers to hire temporary foreign workers under the Temporary Foreign Worker Program when they are unable to find suitable local workers to fill the positions.

By conducting an LMIA, the Canadian government ensures that the employment of foreign workers is in line with the country’s economic and labour market needs.

Understanding the significance of LMIA helps employers and workers navigate the process of hiring foreign workers and obtaining work permits in Canada while upholding the integrity of the Canadian labour market.

Labor Market Impact Assessments (LMIAs) have potential disadvantages. In terms of job advertising, which is a requirement to demonstrate to Service Canada that the job was offered to Canadian citizens, attracting a larger pool of Canadian applicants may lead to the selection of a Canadian candidate over a temporary foreign worker.

Certain jobs require an LMIA, which is an application to be filled out by you and your employer. The fees associated with the LMIA, which have increased over the years, are to be paid by your employer, not by you.

An LMIA is granted for a specific job and a limited period. If the job is extended or if it changes, a new LMIA will be required from the Canadian government.

Before hiring a temporary foreign worker, most employers need to obtain a Labour Market Impact Assessment (LMIA). It is important to determine whether an LMIA is necessary before starting the hiring process.

An LMIA confirms:

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

Labour Market Impact Assessment (LMIA) applications can be demanding and require attention to detail. They also have specific time constraints, as all application materials must be submitted within a designated timeframe. Even a small omission in the application can cause significant delays in the process. At Akrami and Associates, we have a team of experienced representatives who specialize in LMIA applications. With our expertise, we can assist you in obtaining the desired results quickly and efficiently.

When it comes to hiring high-wage foreign workers, Canadian employers need to fulfill an additional requirement known as a transition plan. This plan is mandatory for employers seeking to hire temporary foreign workers at a wage that equals or exceeds the provincial or territorial median hourly wage. The transition plan is a Schedule C form attached to the LMIA application. It outlines the specific commitments that the employer agrees to undertake for the particular occupation and work location where they intend to employ the foreign workers.

On the other hand, when hiring low-wage workers, a transition plan is not necessary for LMIA applications. However, there is a cap that restricts the number of low-wage temporary foreign workers a business can employ. Canadian employers with more than 10 employees are subject to a maximum cap of 10% for low-wage workers. This cap will be implemented gradually over the next two years, allowing employers time to transition to a Canadian workforce.

If you require an LMIA to hire temporary foreign workers, you can utilize the Temporary Foreign Worker Program (TFWP). Once the LMIA is issued, you must provide a copy of the confirmation letter to each temporary foreign worker and advise them to apply for a work permit.

Alternatively, if you don’t need an LMIA, you can hire temporary foreign workers through the International Mobility Program (IMP). However, there are certain requirements you must fulfill, such as paying an employer compliance fee and submitting an offer of employment form through the Employer Portal.

It’s important to note that LMIA processing times can vary. Here is an approximate breakdown:

At Akrami and Associates, we understand the complexities involved in LMIA applications and can provide the necessary guidance and support throughout the process. Our goal is to help you achieve your desired outcomes efficiently and effectively.

While an LMIA is generally necessary as a legal document from the Canadian government to hire temporary foreign workers instead of Canadians, there are cases where an LMIA may not be required.

To be eligible for submitting an LMIA application, employers need to meet specific conditions, which include:

These eligibility conditions ensure that employers meet the necessary criteria before applying for an LMIA.

At Akrami and Associates, we understand the complexities of LMIA applications and offer the expertise of our experienced representatives. With our assistance, you can achieve the desired results efficiently and effectively.

In general, Canadian employers are typically required to obtain a positive Labour Market Impact Assessment (LMIA) through the conditions of the Temporary Foreign Worker Program when hiring foreign workers. However, there is an alternative called the International Mobility Program, which serves as an “umbrella” for work permit applications exempt from the LMIA requirement. Under the Immigration and Refugee Protection Regulations, there are five situations in which a work permit can be issued to a foreign worker without an LMIA. These situations include international agreements, Canadian interests, self-support, applicants already in Canada, and humanitarian reasons.

One of the streams under the Canadian interests category is the “Significant Benefit” stream. To be eligible for this stream, you must demonstrate that your work in Canada will create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents. To assess your eligibility, immigration officers will evaluate your honesty and credibility, considering your accomplishments in your home country.

You may be asked questions such as:

It is crucial to gather and prepare evidence that demonstrates your competence and accomplishments. The more supporting factors you can provide, the higher your chances of a successful application.

According to Citizenship and Immigration Canada (CIC), processing officers consider the following measures to assess your abilities:

To apply online, you will need to complete the necessary form, validate it, print it, sign it, and upload both the forms and the supporting documents. Here’s what you need for a successful online application:

The first step is to create an account online. You can follow the provided link to create your account. Once the account is created, you will begin the application for an open work permit by answering some questions. Your responses will generate a personalized document checklist for you. Submit your application, upload the supporting documents, and make the payment online. You can use your online account to receive messages regarding your application, check its status, and update your information if necessary.

To submit a paper-based application, applicants should read the instruction guide to obtain all the necessary details for applying on paper. Complete all the required forms and gather all the supporting documents. Visit a Visa Application Center (VAC) to submit your paper application. The service fee charged by VAC varies from country to country. You can find information about the VAC in your country by following the provided link. Read the instructions for applying on paper for applicants in Canada or applicants outside Canada.

The fees you need to pay to the government include the application processing fee of $155 for one individual. Depending on your situation, you may also need to pay other third-party fees directly to the respective parties. These may include the VAC fee, medical examination fee, and police clearance certificate fee.

The processing time for work permit applications varies from one country to another. You can check the processing time for your country by following the provided link.

Please note that the information provided is for guidance purposes, and it is recommended to refer to the official sources and instructions for accurate and up-to-date information regarding the LMIA work permit application process.

When reviewing an LMIA application, Service Canada examines the following factors:

These are the key aspects that Service Canada looks into when assessing an LMIA application.

Once your Labor Market Impact Assessment (LMIA) application is approved, the next step involves initiating the process for the foreign worker to obtain a work permit. After receiving the approval, it is essential to provide a copy of the LMIA approval letter and Annex A to the foreign worker. These documents will be necessary for the worker to proceed with the work permit application.

To apply for a work permit, the foreign worker must gather several required documents. These include a job offer letter from the employer, a signed employment contract outlining the terms and conditions of employment, a copy of the approved LMIA, and the specific LMIA number assigned to the application.

Upon gathering all the necessary documents, the foreign worker can submit their work permit application. The processing time for work permits can vary depending on the location where the application is submitted. It is important to note that each country may have its own specific procedures and timelines for processing work permits. Therefore, it is advisable to consult the relevant immigration authorities or visit their official website for accurate and up-to-date information regarding work permit applications and processing times.

Partner with Akrami & Associates for professional and reliable assistance with your LMIA application. Contact us today to discuss your specific needs and let us help you navigate the LMIA process with confidence and success.