A Labour Market Impact Assessment (LMIA), issued by Employment and Social Development Canada (ESDC), evaluates the effect of hiring a foreign worker on the Canadian labor market. A positive LMIA indicates that no Canadian citizen or permanent resident is available for the position, thus allowing the employer to hire a foreign worker. Conversely, a negative LMIA suggests that the position should be filled by a Canadian citizen or permanent resident.

Foreign nationals cannot apply for an LMIA; it is the responsibility of Canadian employers to submit the application and pay the processing fees. All categories under Canada’s Temporary Foreign Worker Program (TFWP) require employers to obtain an LMIA before hiring a foreign worker.

Employers may submit an LMIA application up to six months before the anticipated start date of the position.

The LMIA application procedures vary based on the wage level of the position. Employers should compare their job’s hourly wage with the median wage in their province or territory to determine if the position is classified as high-wage or low-wage. Low-wage positions have additional criteria. There are also specialized LMIA categories for certain employment areas, such as:

• Hiring home caregivers
• Hiring agricultural workers
• Hiring foreign researchers
• Hiring within the province of Quebec

Employers must:

• Pay a non-refundable processing fee of CAD 1,000, even if the result is negative. Note that some applicants for home caregiver positions may be exempt from this fee.
• Demonstrate the legitimacy of their business.
• Submit a transition plan, unless exempt, outlining how they will address the need to hire foreign workers.
• Show, unless exempt, their efforts to recruit Canadian citizens and permanent residents before hiring a temporary foreign worker.
• Include salary information for temporary foreign workers, distinguishing between high-wage and low-wage positions, and ensure they are paid at the same level as their Canadian counterparts.
• Ensure workplace safety for temporary foreign workers and provide proof that they will be covered by insurance at least equivalent to provincial or territorial health coverage.

• High-wage positions
• Low-wage positions
• Global Talent Stream
• Agricultural workers
• In-home caregivers
• Foreign academics

To hire a temporary foreign worker who earns at least the median hourly wage of their province or territory, an employer must apply under the TFWP for high-wage workers and obtain a LMIA confirming the unavailability of Canadian citizens or permanent residents for the position. Upon receiving a positive LMIA, the employer notifies the foreign worker, who can then apply for a work permit in Canada before the LMIA expires.

To hire a temporary foreign worker paid below the median hourly wage of their province or territory, employers must apply under the TFWP for low-wage workers. This process begins with obtaining an LMIA that confirms no Canadian citizens or permanent residents are available for the role. Employers must adhere to specific requirements to ensure the rights and safety of non-resident workers. After securing a positive LMIA, the employer must inform the foreign worker, who should then apply for a work permit before the LMIA expires.

The Global Talent Stream (GTS) is a Canadian program designed to help businesses hire highly skilled foreign workers when local talent is unavailable. This program allows employers to quickly recruit specialized global talent, enhancing Canada’s economic competitiveness on a global scale.

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.

For all Quebec immigration programs, applications must be approved by both provincial and federal authorities. Therefore, LMIA applications must be submitted to Service Canada for federal processing by ESDC, and to the Ministry of Immigration, Francisation, and Integration (MIFI) for provincial processing.

All LMIA applications must be completed in French, except for those related to in-home caregivers.

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

Yes, in certain situations, employers may be exempt from needing an LMIA to hire a foreign worker, particularly under the International Mobility Program. For more information on LMIA exemptions and work permit requirements, please contact us.

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: