LMIA
LMIA (Labour Market Impact Assessment)
If you’re struggling to find the right talent for your business due to a labor shortage or a lack of available Canadian citizens and/or permanent residents, the Temporary Foreign Worker Program (TFWP) could be a viable solution. This program permits Canadian employers to temporarily hire foreign workers when there are no Canadian applicants available for the job vacancy. The TFWP is jointly overseen by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC).
To hire a temporary foreign worker, Canadian employers must secure a Labour Market Impact Assessment (LMIA) from ESDC/Service Canada, which demonstrates the need for a foreign worker to fill the position and confirms that no qualified Canadian workers are available. The LMIA aims to ensure that foreign workers are not favored over Canadian citizens and/or permanent residents who are capable of performing the job. A positive LMIA indicates that hiring foreign nationals for the specified role and location is likely to have a positive or neutral effect on the Canadian labor market.
The Process
- Advertisement
- Recruitment
- Submission
- Interview
LMIA Pathways/Streams
- – High-Wage Positions
- – Low-Wage Positions
- – Agriculture Stream
- – Permanent residency
- – Global Talent Stream
- – In-home Caregiver/Nanny
- – Owner Operator LMIA
Required documents for an LMIA
The LMIA application process can vary based on factors such as the type of business or industry, the location of the business, and the specific foreign worker being hired. Below is a generic checklist for reference:
- The rules, regulations, and requirements for the LMIA are subject to frequent changes, impacting various job categories, durations, and exemptions. Obtaining a positive LMIA necessitates continuous research, meticulous attention to detail, and dedicated effort. We assist our clients in assessing their profiles and advising them on their eligibility for an LMIA.
- We also support our clients and employers with the advertisement posting process.
- We assist Canadian employers in applying for the Labour Market Impact Assessment (LMIA) and provide legal representation before ESDC throughout the process.
- A copy of the advertisement and details demonstrating where, when, and for how long the position was advertised.
- Business registration or legal incorporation documents (required for first-time LMIA applications). This requirement does not apply to employers of in-home caregivers.
- Provincial or municipal business license (where applicable and for first-time LMIA applications). This requirement does not apply to employers of in-home caregivers.
- Canada Revenue Agency (CRA) documents: T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income Statement Information (for corporations). These are only required if this is the employer's first LMIA application. This requirement does not apply to employers in the film and entertainment sectors or to in-home caregivers.
- Provincial or territorial workplace safety and insurance clearance letter or certificate (e.g., from the workers' compensation board), if applicable.
- Commercial lease agreement (where applicable). This requirement does not apply to employers of in-home caregivers.
- Film and Entertainment: A copy of the employment contract (excluding those for film and television).
Provincial documentation requirements may vary depending on the specific province or territory. Below is a general overview of potential requirements:
- Business License: A valid provincial or municipal business license, if applicable.
- Workplace Safety Compliance: Evidence of compliance with provincial workplace safety regulations, such as a clearance letter from the workers’ compensation board.
- Tax Registration: Proof of tax registration with the provincial revenue agency, if required.
- Employment Standards Compliance: Documentation demonstrating adherence to provincial employment standards, such as minimum wage and working conditions.
- Provincial LMIA Requirements: Any additional provincial forms or assessments that may be required for the LMIA application.
- Local Labor Market Information: Information on local labor market conditions, if applicable, to support the need for foreign workers.
How we can help you
LMIA rules, regulations, and requirements frequently change, affecting job categories, durations, exemptions, and more. Securing a positive LMIA requires ongoing research, precision, and dedicated effort. We assist clients by assessing their profiles and advising them on their eligibility for an LMIA.
We assist Canadian employers in applying for a Labour Market Impact Assessment (LMIA) and provide legal representation before ESDC throughout the process.
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