A Guide For Canadian Employers About The LMIA Process 2022
Everything Employers Need To Know About The LMIA Application Process
If you’re an employer and interested in hiring a temporary foreign worker, you may need a labour market impact assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA is required if an employer has a job position, but no Canadians or permanent residents are available to fulfil the role, so a temporary foreign worker is needed. The purpose of an LMIA is to determine the impact that hiring the temporary foreign worker may have on Canada’s labour market. Most positions will require an LMIA before a foreign national can come to work for you as an employer in Canada.
Getting the LMIA Application Process Started
There are two ways in which an employer can apply for an LMIA. First, by applying via the LMIA online portal, which requires a Job Bank account. Or, second, by completing and sending the appropriate LMIA application form to a Service Canada processing centre.
Further steps to getting a LMIA depends on the type of program the employer is hiring through. This blog post will look at two in particular:
1. High-wage workers
High-wage positions consist of the Global Talent Stream, the High-wage Stream (including caregiver positions), the Agricultural Stream, and the Express Entry Stream; and as of April 4, 2022, employers can request an employment period of up to three years. Most of these streams require a 4 week advertising period which one complete, they can complete an LMIA application form for high-wage workers.
2. Low-wage workers
Low-wage positions are those that fall outside of high-wage positions and pay less than the province’s or territory’s median hourly wage. These streams also include a mandatory 4 weeks advertising period. In addition to completing the LMIA application form for low-wage workers, an Employment Contract as well as a Schedule L form will also need to be completed if the employer is applying under the pilot program for meat processors.
Whether an employer is interested in hiring a high-wage or low-wage worker, they must be able to prove the legitimacy of their business and that they made sufficient efforts in recruiting a Canadian or permanent resident worker before resorting to an LMIA.
After You Apply
After an LMIA has been reviewed during an interview and the effect that hiring the temporary foreign worker might have is assessed, the employer will be sent a positive or negative LMIA via letter. Upon receiving a positive LMIA, the employer must provide the employment contract signed by the temporary foreign worker if requested. Also, the employer will have to give the temporary foreign worker a copy of the LMIA letter and its Annex A so that they may proceed in applying for permanent residence (or a work permit) before the LMIA expires. Lastly, the employer should keep the Service Canada processing centre updated concerning any changes that need to be made or mistakes that were made on the LMIA. Unfortunately, in the event of a negative LMIA, the processing fee won’t be refunded.
Whether You’re an Employer or Worker, We’re Here For You
Since incomplete and negative LMIA applications are neither returned or refundable, it is important that employers are well informed before applying for a LMIA. Jade is highly skilled in informing employers on the most strategic ways to ensure that they comply with the requirements of the program they are hiring through, prove the authenticity of their business, and showcase their local recruitment efforts. She is also able to assist temporary foreign workers in applying for permanent residence or a work permit once a positive LMIA has been received.
Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in Canada and abroad.
We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.
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