Labour Market Impact Assessment (LMIA)

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job position and that no Canadian worker is available to do the job.

Employers can get the LMIA application processed according to their needs, either to support the foreign worker’s application for permanent residence or to hire them as a temporary foreign worker, or both.

To receive a positive LMIA, the employer must meet the minimum requirements set out by the Employment and Social Development Canada (ESDC). At Green Line Overseas, we help our clients with the process according to their requirements, in order to make the immigration process easier as well as remaining in compliance with the ESDC.

Who needs a Labour Market Impact Assessment?

Before a worker applies for a work permit, some types of employers are required to get a Labour Market Impact Assessment (LMIA). Employment and Social Development Canada’s LMIA is a form that enables an employer to engage a temporary employee.

A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.

If the employer needs an LMIA, they must apply for one.

Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs

  • a job offer letter
  • a contract
  • a copy of the LMIA, and
  • the LMIA number
  • Temporary Foreign Worker Program

    The Temporary Foreign Worker Program (TFWP) is a Canadian government program that allows employers to hire foreign workers to fill temporary job openings when there are no Canadians or permanent residents available for the job. The program is managed jointly by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC).

    Under the TFWP, employers must obtain a Labour Market Impact Assessment (LMIA) before they can hire a foreign worker. An LMIA is a document issued by ESDC that assesses the impact of hiring a foreign worker on the Canadian labour market. The employer must demonstrate that they have made efforts to hire Canadian citizens or permanent residents for the job, but have been unsuccessful. They must also demonstrate that the hiring of a foreign worker will not have a negative impact on the wages and working conditions of Canadian workers.

    Once an employer receives a positive LMIA, the foreign worker can apply for a work permit. The work permit will be tied to a specific employer and a specific job, and will only be valid for a certain period of time.

    There are two categories under the TFWP: high-wage and low-wage. High-wage positions are those that pay above the provincial or territorial median hourly wage, while low-wage positions are those that pay below the median hourly wage. Different rules and requirements apply to each category.

    Categories Of Candidates, Who Can Apply For Canada Work Permit

    There are several categories of candidates who may be eligible to apply for a work permit in Canada. Here are some of the most common categories:

  • Temporary Foreign Workers: This category includes individuals who have a job offer from a Canadian employer and have obtained a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).
  • International Students: International students who have completed a program of study at a designated learning institution (DLI) in Canada may be eligible to apply for a post-graduation work permit.
  • Business Visitors: Business visitors are individuals who are coming to Canada for business-related purposes, such as attending meetings, conferences, or negotiating contracts. They do not require a work permit.
  • Intra-Company Transferees: This category includes employees of a foreign company who are being transferred to a Canadian branch, subsidiary, or affiliate.
  • Spouses or Common-Law Partners: Spouses or common-law partners of certain temporary foreign workers, international students, and skilled workers may be eligible to apply for an open work permit.
  • International Experience Canada: This program allows individuals from certain countries to apply for a work permit to gain valuable work experience in Canada.
  • Global Talent Stream: This category is designed to facilitate the hiring of highly skilled workers in certain fields, including information technology and engineering.