LMIA Canada

LMIA Canada assistance for Canadian employers seeking to hire eligible temporary foreign workers.

A Labour Market Impact Assessment, commonly called an LMIA, is used to assess the potential effect of hiring a temporary foreign worker on Canada's labour market.

In many cases, a Canadian employer must obtain a positive LMIA before a foreign worker can apply for an employer-specific work permit. However, some positions and workers may qualify under LMIA-exempt categories instead.

LMIA Canada: What Is a Labour Market Impact Assessment?

An LMIA assesses whether hiring a temporary foreign worker is likely to have a positive or negative effect on the Canadian labour market.

A positive LMIA generally confirms that there is a need for a temporary foreign worker and that Canadians or permanent residents are not available to fill the position.

Therefore, an LMIA is primarily an employer application. The foreign worker generally uses the positive decision later when applying for the applicable employer-specific work permit.

For current federal information, review the official Government of Canada LMIA information .

LMIA Canada Streams for Canadian Employers

The appropriate LMIA stream depends on the position, offered wage, occupation, location and purpose of the application. Therefore, employers should identify the correct stream before beginning recruitment or preparing supporting documents.

In addition, each stream has different requirements. For example, high-wage applications may require a transition plan, while low-wage applications may be subject to additional caps, restrictions or employer obligations.

High-Wage and Low-Wage LMIA Canada Applications

The wage offered for the position helps determine whether the employer applies under the high-wage or low-wage stream.

The offered wage is compared with the applicable provincial or territorial hourly wage threshold. In addition, the offered wage must meet the applicable prevailing-wage requirements for the occupation.

Review the current Government of Canada high-wage and low-wage thresholds .

Employer Requirements for an LMIA Canada Application

Employers must satisfy the requirements of the applicable Temporary Foreign Worker Program stream.

For example, Service Canada may review factors such as:

• Whether the business and job offer are legitimate
• The employer's ability to fulfill the terms of the job offer
• The wage being offered
• The occupation and job duties
• The proposed work location
• Recruitment efforts
• Working conditions
• Whether Canadians and permanent residents were considered first
• Past employer compliance where applicable

Therefore, supporting business records, employment information and recruitment evidence can be important parts of the application.

Business Legitimacy for LMIA Canada Applications

Employers applying under the Temporary Foreign Worker Program must provide supporting documents to demonstrate that the business and proposed job offer are legitimate.

For example, supporting documents may include business registration, CRA records, payroll information, licences, financial documents, contracts or other evidence relevant to the business and position.

However, the exact documentation depends on the employer's circumstances, business structure and applicable LMIA stream. Therefore, employers should review the required documents before submitting the application.

LMIA Canada Recruitment and Advertising Requirements

Recruitment is a central part of many LMIA applications. Employers generally need to demonstrate reasonable efforts to recruit Canadians and permanent residents before seeking a temporary foreign worker.

However, recruitment requirements differ between LMIA streams. Therefore, employers should confirm the applicable advertising duration, recruitment methods and record-keeping requirements before advertising.

Depending on the stream, employers may need to:

• Use the required recruitment methods
• Advertise for the required period
• Use accurate job duties and wage information
• Maintain records of Canadian and permanent resident applicants
• Document recruitment results where applicable
• Explain why applicants were not hired where required
• Continue recruitment for the applicable period

High-Wage LMIA Canada Transition Plan

Employers applying for certain high-wage LMIA positions must submit a transition plan as part of the application.

The transition plan generally describes activities the employer will undertake to recruit, retain or train Canadians and permanent residents and to reduce reliance on the Temporary Foreign Worker Program.

In addition, an employer that previously submitted a transition plan for the same position and work location may need to report on the results of earlier commitments.

Low-Wage LMIA Canada Requirements

Low-wage LMIA applications may be subject to additional requirements that do not apply in exactly the same way to high-wage positions.

For example, depending on the position, sector and location, requirements may involve:

• Limits on the proportion of low-wage temporary foreign workers
• Specific recruitment requirements
• Housing-related requirements in applicable situations
• Transportation obligations in applicable situations
• Health insurance obligations
• Employment agreement requirements
• Restrictions based on labour-market conditions

As a result, employers should review the current low-wage stream rules before recruiting a temporary foreign worker.

LMIA Canada Wage Requirements

The wage offered to a temporary foreign worker must meet the applicable Temporary Foreign Worker Program requirements.

In particular, employers should review both the prevailing wage for the occupation and the applicable high-wage or low-wage threshold.

Therefore, simply increasing an offered wage does not automatically mean that an application will qualify under the high-wage stream. Other applicable program requirements must also be satisfied.

Job Duties, NOC and Employment Conditions

The proposed occupation should accurately reflect the duties the foreign worker will actually perform.

Consequently, employers should carefully review the National Occupational Classification, job title, main duties, wage, hours, work location and employment conditions before submitting the LMIA.

In addition, employment documents and recruitment advertisements should remain consistent with the position described in the application.

Positive LMIA Canada Decision and the Foreign Work Permit

A positive LMIA does not itself give the foreign worker permission to work in Canada. Instead, the employer generally provides the worker with the applicable positive LMIA documentation.

The worker may then use those documents as part of an employer-specific work permit application, where required. Therefore, the LMIA decision and work permit decision should be treated as separate stages of the immigration process.

Review our Canadian Work Permit services .

In addition, employers and workers can review the official employer-specific work permit information .

LMIA Canada Validity and Important Deadlines

A positive LMIA decision includes an expiry date for using the LMIA in the applicable work permit process.

However, the LMIA expiry date is different from the approved employment duration and from the eventual validity period of a work permit.

Therefore, employers and workers should carefully review the specific LMIA decision letter and applicable immigration deadlines rather than relying on a general timeframe.

Submitting an LMIA Canada Application Online

Canadian employers and authorized third-party representatives can use LMIA Online to submit applicable LMIA applications electronically.

Employers generally need the appropriate business and CRA information before submitting through the online system. In addition, applicable Job Bank and employer-account requirements must be completed where required.

For current instructions, review the official LMIA Online resources .

LMIA Canada Refusal and Employer Review

An LMIA application may receive a negative decision if the employer does not establish that the applicable Temporary Foreign Worker Program requirements have been met.

For example, concerns may involve recruitment, wage, business legitimacy, genuine employment need, job duties, employment conditions, program restrictions or supporting documentation.

Therefore, if an application receives a negative decision, the employer should review the reasons and supporting evidence before deciding whether to submit a new application or consider another appropriate option.

How We Can Help With an LMIA Canada Application

Depending on the employer's circumstances and applicable LMIA stream, Third Pole Immigration Services may assist with:

• Reviewing whether an LMIA may be required
• Reviewing the proposed position and appropriate LMIA stream
• Reviewing applicable wage requirements
• Reviewing NOC classification and job duties
• Reviewing recruitment and advertising requirements
• Reviewing business legitimacy documents
• Preparing or reviewing LMIA application forms
• Preparing transition-plan information where required
• Reviewing recruitment results
• Responding to applicable Service Canada requests
• Reviewing negative LMIA decisions and potential next steps

In addition, we can discuss the relationship between a positive LMIA and the foreign worker's subsequent work permit application.

LMIA Canada Services by Location

Canadian employers may access LMIA and employer immigration assistance through our Canadian offices. In addition, consultations may be available online depending on the circumstances.

Related LMIA, Employer and Work Permit Services

• Canadian Work Permit services
• Canada Immigration and Visa services
• Immigration consultation and contact information

Frequently Asked Questions About LMIA Canada