What is LMIA?
A Labor Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. The LMIA verifies that there is a need for a foreign worker to fill the job, and that no qualified Canadian worker is available to do the job. The LMIA process is administered by Employment and Social Development Canada (ESDC).
An employer who wants to hire a foreign worker must first apply for an LMIA, which involves demonstrating that they have made efforts to recruit Canadian workers for the job and that no qualified Canadians are available. If an LMIA is approved, the employer can then offer the job to a foreign worker and the worker can apply for a work permit.
The LMIA process is intended to protect the Canadian labor market and ensure that foreign workers are not used to fill jobs that could be done by Canadians. It is an important part of Canada’s immigration system, and it helps to ensure that foreign workers are treated fairly and are not exploited while working in Canada.
What is the process to hire foreign workers through LMIA?
The process for obtaining an LMIA to hire a foreign worker in Canada involves the following steps:
- Determine whether an LMIA is required: Some types of work and occupations do not require an LMIA, such as those that are exempt under international trade agreements or those that are classified as high-skilled.
- Prepare the LMIA application: To apply for an LMIA, an employer must provide information about the job, including the duties and responsibilities, the wage rate, and the terms and conditions of employment. The employer must also provide evidence of their efforts to recruit Canadian workers for the job and demonstrate that no qualified Canadians are available to do the work.
- Submit the LMIA application: The employer must submit the LMIA application, along with the required documents and fees, to Employment and Social Development Canada (ESDC).
- Review and decision: ESDC will review the LMIA application and make a decision based on the information provided. If the LMIA is approved, the employer can offer the job to a foreign worker and the worker can apply for a work permit. If the LMIA is denied, the employer will not be able to hire a foreign worker for the job.
- Hire the foreign worker: If an LMIA is approved and the foreign worker has obtained a work permit, the employer can hire the worker. The employer must follow all applicable laws and regulations, including those related to wages, working conditions, and occupational health and safety.
It is important to note that the LMIA process can be complex and may take several weeks or months to complete. Employers are advised to start the process as early as possible to ensure that they are able to hire the foreign worker in a timely manner.
LMIA Cost & Application Fee
The cost of an LMIA application depends on the type of work and the number of foreign workers being hired. In general, the fees for an LMIA application are as follows:
- For low-wage positions: $1,000 per foreign worker
- For high-wage positions: $1,500 per foreign worker
There may also be additional fees for certain types of applications, such as those that involve multiple employers or that are submitted through the Global Talent Stream.
It is important to note that the fees for an LMIA application are separate from the fees for a work permit application. Foreign workers who are approved for an LMIA will also need to pay fees to apply for a work permit, which currently range from $155 to $1,000, depending on the type of work permit and the applicant’s country of citizenship.
In addition to the fees, employers may also incur other costs associated with the LMIA process, such as legal fees, translation costs, and advertising expenses if they are required to advertise the job to Canadian workers.
