Most employers require a Labour Market Impact Assessment (LMIA) before hiring a temporary foreign worker. The LMIA confirms that:

• There is a need for a temporary foreign worker.
• No Canadian citizens or permanent residents are available for the job.

To obtain an LMIA, you must apply through Employment and Social Development Canada (ESDC). The application process varies based on the program you are using, such as:

• High-wage workers
• Low-wage workers
• Seasonal Agricultural Worker Program
• Agricultural Stream

After receiving an LMIA from ESDC, provide a copy of the confirmation letter to each temporary foreign worker and instruct them to apply for a work permit.

Yes, employers may be exempt from the LMIA requirement in specific scenarios, such as those under the International Mobility Program. For further details on LMIA exemptions and work permit criteria, please get in touch with us.

No, the foreign worker cannot pay for the LMIA. The LMIA application fee is the responsibility of the employer.

The main difference between high-wage and low-wage positions is the salary level and associated requirements. For high-wage positions (at or above the provincial median wage), employers need a Labour Market Impact Assessment (LMIA) to confirm no Canadian workers are available. With a positive LMIA, the foreign worker can apply for a work permit.

For low-wage positions (below the median wage), the LMIA process is similar but involves additional protections for workers. Employers must meet stricter conditions and provide a positive LMIA before the worker can apply for a work permit.

Determining if a position is high-wage or low-wage is important, as it affects the hiring process and requirements.

Employers applying for LMIA for low-wage positions must also:

• Adhere to limits on the percentage of low-wage temporary foreign workers at a specific workplace if they have previously employed such workers.
• Provide round-trip transportation to Canada for low-wage workers, at the employer’s expense.
• Ensure adequate housing for low-wage workers for the duration of their employment in Canada.

If hiring through the Temporary Foreign Worker Program (TFWP) in Quebec, the worker must obtain a Quebec Acceptance Certificate (CAQ) from the Quebec ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) before receiving a work permit. For hires under the IMP, a CAQ is not required.

MIFI has established an LMIA exemption policy for certain foreign workers under specific conditions:

• Holding a valid work permit
• Possessing a Quebec Selection Certificate (CSQ)
• Residing in Quebec
• Applying for permanent residency under the Quebec Skilled Worker category

In Quebec, the Simplified Labour Market Impact Assessment (LMIA) process offers an expedited application procedure that eliminates the need for employers to demonstrate recruitment efforts for Canadian citizens or permanent residents for certain roles. This streamlined process applies to positions listed annually on the “Eligible Professions for Simplified Processing” list, published by the Quebec government.

The list highlights professions with high demand within Quebec’s labor market, qualifying them for quicker LMIA processing. Employers can use this streamlined process to efficiently recruit temporary foreign workers and address specific labor shortages in the province.

Francophone Mobility allows employers to hire Francophone or bilingual temporary foreign workers outside Quebec without an LMIA. This program supports bilingual services and the development of minority language communities across Canada.

Our Canadian immigration lawyer services offer crucial benefits for individuals applying for work permits and employers seeking LMIA under the Temporary Foreign Worker Program (TFWP). We provide expert advice on the best immigration pathways, comprehensive support throughout the application process, and personalized strategies tailored to your specific needs. Our team ensures efficient processing, adherence to legal requirements, and prompt resolution of any issues. By managing the complexities of immigration law, we allow you to focus on your primary activities with peace of mind. Contact us for professional and effective immigration support.

We offer high-quality Canadian immigration services, provided by top immigration lawyers specializing in work permits and Labour Market Impact Assessments (LMIAs) in Canada. With a meticulous, detail-driven approach, we ensure that every case is handled with precision, leaving nothing to chance. This commitment to excellence is the key to our success and our proven track record of successful outcomes for clients. Our services are accessible online from anywhere, at competitive rates, with no hidden fees. We proudly serve clients across Canada and around the world, including in: