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LMIA 2022

Labour Market Impact Assessment (LMIA) 2022

Looking to come to Canada as a foreign worker? You’ll need a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). The LMIA is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill a specific job, and that there is no one else who can do the job. The process to get a LMIA can be long and complicated. But we’re here to help! Here’s what you need to know about how to get an LMIA.

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What is Labour Market Impact Assessment (LMIA)?

A Labour Market Impact Assessment (LMIA) is an evaluation that is required as part of the process to hire a foreign worker. The LMIA assesses the impact that the hiring of a foreign worker would have on the Canadian labour market. The purpose of the LMIA is to ensure that Canadian workers have the first opportunity to fill available jobs, and that foreign workers are only brought in when there is a demonstrated need that cannot be met by Canadians. To obtain an LMIA, an employer must first advertising the position to Canadians and permanent residents and only turn to a foreign worker if they are unable to find a qualified Canadian worker.

The employer must also demonstrate that they have made a good faith effort to recruit Canadians, and that they are offering the foreign worker a wage that is comparable to what Canadians would earn in the same position. Once the employer has met these requirements, they can apply for an LMIA from Employment and Social Development Canada (ESDC).

The application process includes a fee, and ESDC will assess the application to ensure that the requirements have been met. If approved, the employer will be issued an LMIA, which will allow them to proceed with the process of hiring a foreign worker.

The LMIA process helps to protect Canadian workers by ensuring that employers make a genuine effort to find qualified Canadians for available positions, and by ensuring that foreign workers are only brought in when there is a demonstrated need that cannot be met by Canadians.

Find out if you need an LMIA

You may need a Labour Market Impact Assessment (LMIA) to hire a foreign worker. An LMIA is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for the foreign worker to fill the job and that no qualified Canadian worker is available to do the job.

Before applying for an LMIA, you must first post a job ad on Job Bank for at least 28 consecutive days. This is to make sure that there are no qualified Canadians who can do the job. If you still want to hire a foreign worker after advertising the job, you may need to get an LMIA from Employment and Social Development Canada (ESDC). The process to get an LMIA can be long, so you should start the process as soon as you know you want to hire a foreign worker. If you get an LMIA, you will need to give it to the foreign worker. They will need it to apply for a work permit.

How To Hire If You Need an LMIA

There are a few ways to go about hiring if you need an LMIA. The most common way is to post the job on the Job Bank, which is a website managed by the government. You can also go through a private immigration firm, which will post the job on your behalf and help with the LMIA application process. Finally, you can contact the Canadian embassy in your home country to see if they can help connect you with potential employers.

How to hire if you don’t need an LMIA

You may be able to hire a foreign worker without getting an LMIA if the worker:

  • Is already working in Canada on a valid work permit and wants to change employers
  • Has a valid work permit and is allowed to work for any employer in a specific occupation (for example, professional athletes, some live-in caregivers, and some religious workers)
  • Is a “intra-company transferee” – someone who works for a foreign company that has a branch, subsidiary, parent or affiliate in Canada
  • Is a “spouse or common-law partner” of a highly skilled worker who has a valid work permit
  • Is a “post-graduate” – someone who has graduated from a Canadian university or college

LMIA Application Requirements in 2022

As of January 1st, 2022, any employer who wants to apply for a Labour Market Impact Assessment (LMIA) will need to first submit an online application through the Employer Portal.

In order to submit an application, employers will need to provide:

-A valid email address

-Sufficient contact information for the employer and their authorized representative, if applicable

-An estimate of the number of foreign workers that the employer intends to hire

-The National Occupational Classification (NOC) codes for the positions that they wish to fill

-A description of the duties of the positions

-The wage rates being offered for the positions

-The duration of the employment

-The work locations

-The anticipated start date of the employment

Once the application is submitted, employers will be required to pay a $1,000 processing fee per position. After the application is submitted, a Case Management Officer will review the application to ensure that it is complete and meet the eligibility requirements. 

If the application is complete and meets the eligibility requirements, the employer will be asked to provide additional documentation, such as a business plan, an advertisement for the position, or a contract of employment. After the employer has provided all of the required documentation, a Labour Market Impact Assessment Officer will assess the application to determine if the hiring of a foreign worker will have a positive or negative impact on the Canadian labour market. If the Officer determines that the hiring of a foreign worker will have a positive impact on the Canadian labour market, the employer will be issued a positive LMIA. If the Officer determines that the hiring of a foreign worker will have a negative impact on the Canadian labour market, the employer will be issued a negative LMIA.

Once an employer has been issued a positive LMIA, they can then proceed with the process of hiring a foreign worker. The foreign worker will need to obtain a work permit before they can begin working in Canada.

What Happens After LMIA is Approved

If your employer has been approved for a Labour Market Impact Assessment (LMIA), there are a few things that need to happen before you can start work in Canada. First, your employer needs to submit a request for a work permit to Employment and Social Development Canada (ESDC). This request must include a copy of the positive LMIA. Once ESDC has received the request, they will review it to make sure all requirements have been met. If everything is in order, they will issue a work permit. The work permit will be valid for the same period of time as the LMIA, up to a maximum of three years. You will need to present the work permit when you apply for a temporary resident visa, if you are coming from a country that requires one.

Once you have arrived in Canada, you must work for the employer specified on your work permit. You can change jobs, but you will need to apply for a new work permit.

If you want to stay in Canada after your work permit expires, you will need to apply for permanent residence.

Exemptions to LMIA Requirements

The Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain before hiring a foreign worker. The LMIA verifies that there is a need for a foreign worker to fill a specific skilled position and that no Canadians are available to do the job.

In some cases, an employer may be exempt from the LMIA process. Exemptions from the LMIA process generally fall into one of three categories:

  1. Positions that are under international trade agreements
  2. Positions that are designated by the Canadian government
  3. Positions that are on the Global Talent Stream

1. Positions that are under international trade agreements

The North American Free Trade Agreement (NAFTA) between Canada, the United States, and Mexico contains provisions that allow citizens of each country to work in the other countries under certain conditions. For example, the NAFTA Professional Category allows citizens of Canada, the United States, and Mexico to work in certain professional occupations in the other countries without the need for an LMIA.

2. Positions that are designated by the Canadian government

The Canadian government has designated certain occupations as being in-demand across Canada. For these occupations, employers do not need an LMIA to hire a foreign worker.

3. Positions that are on the Global Talent Stream

The Global Talent Stream is a stream of the Temporary Foreign Worker Program that is designed to fast-track the entry of highly skilled workers into Canada. To be eligible for the Global Talent Stream, employers must be referred by one of the designated referral partners. Once referred, the employer must meet two out of the following three criteria:

  1. The position must be a high-wage position.
  2. The position must be a skilled position that is listed under the National Occupation Classification (NOC) Matrix as a 0, A, or B.
  3. The position must be a position that is new to the Canadian labour market or a position that is being created as a result of a significant investment in Canada.

Facilitated LMIA (Quebec)

There are many different types of LMIA (Labour Market Impact Assessment) application available to Canadian employers, each with their own distinct set of requirements. The Facilitated LMIA (Quebec) is one such application, and it is specifically for businesses operating in the province of Quebec.

To be eligible for the Facilitated LMIA (Quebec), employers must first show that they have made a genuine effort to hire a Canadian citizen or permanent resident for the position in question, but have been unable to find a suitable candidate. The employer must then demonstrate that the foreign national they are seeking to hire is highly skilled and qualified for the position, and that they will be able to fill a skills gap within the company.

Once these requirements have been met, the employer will need to submit a number of supporting documents along with their application, including a detailed job description, the foreign national’s CV, and proof of their qualifications. If the application is approved, the foreign national will be issued a work permit that will allow them to work in Canada for up to four years.

The Facilitated LMIA (Quebec) is a great option for employers who are looking to hire highly skilled foreign workers, and who are willing to invest the time and effort into the application process. If you think this program could be a good fit for your business, we encourage you to get in touch with our team of experienced immigration lawyers to learn more.

High-Wage Workers

As the world economy continues to globalize, the demand for high-skilled workers is expected to increase. In order to attract and retain the best talent, the government of Canada has created the high-wage workers program. This program is designed to attract and retain highly skilled workers who are essential to the Canadian economy. The high-wage workers program is open to all workers who meet the following criteria:

-You must have a valid job offer from a Canadian employer in an occupation that is listed as high-wage on the National Occupational Classification (NOC) list.

-You must have at least two years of work experience in the occupation for which you are applying.

-You must meet the education and training requirements for the occupation.

-You must be able to speak, read and write English or French at a level that is sufficient for the job.

-You must be able to pass a mandatory medical examination.

-You must be of good character and have no criminal history.

-You must not be inadmissible to Canada on security or criminal grounds.

If you are a high-wage worker, you and your family will be eligible for a number of benefits, including:

-Permanent residence status for you and your family members.

-Social benefits, such as health care and education.

-The opportunity to live, work and study anywhere in Canada.

-The ability to apply for Canadian citizenship.

The high-wage workers program is an important part of the Canadian economy and is expected to grow in the coming years. If you are a highly skilled worker, this program may be the perfect opportunity for you to live and work in Canada.

Low-Wage Workers

In 2022, the government will be issuing LMIA for low-wage workers. The main purpose of this LMIA is to protect the Canadian economy and workers by ensuring that only those who are needed in Canada are hired. The process for applying for this LMIA will be the same as it is for any other job in Canada. The employer will need to show that they cannot find a Canadian worker to do the job and that the foreign worker is needed. The number of available positions will be increased, and the process will be streamlined so that it is simpler and faster. This will make it easier for employers to hire low-wage workers, and will help to create more jobs for Canadians. The changes will also help to ensure that low-wage workers are able to find good, quality jobs. The LMIA process for low-wage workers is an important part of the government's plan to create more jobs for Canadians. The government is committed to making it easier for employers to hire low-wage workers, and to making sure that these workers are able to find good, quality jobs.

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FAQ's

An LMIA is a document from ESDC that gives employers the go-ahead to hire foreign workers.

The LMIA is also sometimes called a work permit LMIA or a labour market opinion (LMO).

An employer needs an LMIA to prove to the government that they:

  • advertised the job to Canadians and permanent residents first, and
  • couldn’t find anyone in Canada to do the job.

The employer has to apply for an LMIA from ESDC. They’ll need to show that they tried to hire Canadians or permanent residents first, but couldn’t find anyone to do the job.

The employer will also need to show that the foreign worker will be paid the same wage as Canadian workers doing the same job.

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The processing time for an LMIA can vary, but it can take several months.

You can’t apply for an LMIA yourself. You’ll need an employer to apply for an LMIA on your behalf.

Once the employer has a positive LMIA, they can give it to you. You can use the LMIA to apply for a work permit.

You might not need an LMIA if you have a work permit that’s been issued under a free trade agreement, or if you’re a humanitarian or compassion case.

You also might not need an LMIA if you’re a student working on-campus, or if you’re working under the International Experience Canada program.

The employer has to pay a fee for the LMIA. The fee is $1,000 per foreign worker, plus a $100 processing fee.

Once the employer has a positive LMIA, they can give it to the foreign worker. The foreign worker can use the LMIA to apply for a work permit.

If the employer can’t get an LMIA, they won’t be able to hire the foreign worker.

The employer can try to reapply for an LMIA, but they’ll need to show that they’ve made changes to their recruitment process.

For example, the employer might need to show that they’ve looked for workers in a different city or province, or that they’ve increased the wages they’re offering.

If the LMIA is denied, the employer won’t be able to hire the foreign worker.

The employer can try to reapply for an LMIA, but they’ll need to show that they’ve made changes to their recruitment process. For example, the employer might need to show that they’ve looked for workers in a different city or province, or that they’ve increased the wages they’re offering.

You don’t need an LMIA if you’re a permanent resident.

You don’t need an LMIA if you’re a Canadian citizen.

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