LMIA
A Labour Market Impact Assessment (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 the job. It will also show that no Canadian worker or permanent resident is available to do the job.
What is LMIA and Do I Need One?
LMIA, previously known as Labour Market Opinion (LMO), is a certificate issued by the Canadian government to an employer after due consideration that allows Canadian citizens to hire foreign nationals who can then work on Canadian soil.
The decision regarding the status of the LMIA is made by ESDC or Economic and Social Development, Canada. Before ESDC makes the final decision, the following factors are considered:
- 1.The hiring of a foreign national only has a positive or neutral effect on the labour market.
- 2.There are no permanent residents and citizens to fill the position offered by the employer.
- 3.The employer is offering salary, benefits and working conditions to the foreign worker that meet the federal and provincial standards.
- 4.The foreign worker is bringing along the right skills and knowledge.
- 5.And other factors proving that hiring a foreign worker is the right choice for the employer and the Canadian economy at large.
High-Wage Workers
The submission of a transition plan is an essential requirement for all Canadian employers who are looking to hire a temporary foreign worker(s) at a wage equal to or higher than the provincial/territorial median hourly wage. In the interest of Canadians, employers are required to develop a plan to reduce their reliance on temporary foreign workers.
Low-Wage Workers
The process of completing a Labour Market Impact Analysis (LMIA) does not require employers to submit a transition plan for hiring low-wage workers. Contrary to high-wage workers, low-wage temporary foreign workers are subject to a limit that restricts the number that can be employed by a particular company. There will be a 10% cap on low-wage temporary foreign workers for Canadian employers with more than 10 employees.
To give Canadian employers time to transition to a Canadian workforce, this cap will be phased in over the next two years.
LMIA Processing Times
Processing times for LMIAs can vary from a few weeks to a few months. An LMIA application will be processed by Employment and Social Development Canada (ESDC) within 10 business days. There is now a standard 10-business-day turnaround time for the following categories:
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1. Applications for all LMIA jobs that are in high demand (trades), or
- 2. Top-paying occupations (top 10%)
- 3. (120 days or less) Working periods with short durations.