LMIA Employer Requirements
Meet all the specific Labour Market Impact Assessment requirements and Hire a foreign skilled worker. Start your LMIA Process today with ELAAR.
Canadian employers who wish to hire foreign workers are often required to complete a Labour Market Impact Assessment (LMIA). Employment and Social Development Canada (ESDA) added this requirement to ensure that foreign workers coming to Canada would positively contribute to its economy and culture.
When hiring foreign workers, it’s important to determine whether you’re looking to hire temporary or permanent employees, and which immigration program they should apply under. In many cases, employers first identify the candidate they want to hire and submit a job offer to the prospective employee. This guide will outline the various employer requirements for the Labour Market Impact Assessment (LMIA) process and how these requirements impact the LMIA application.
LMIA Requirements for Employers
Canadian employers who intend to complete an LMIA and hire a foreign worker to fill a position at their company must meet the following requirements:
- Be willing to pay a $1,000 CAD processing fee. This applies to all LMIA categories except for caregivers working for low-income families and LMIA meant to support permanent resident applications.
- Advertise their job position for a minimum of four weeks before providing an offer to a foreign worker.
- Offer evidence they have used two or more recruitment outlets in addition to the Canadian Job Bank’s website.
- Offer a transition plan that describes how they will reduce their reliance on foreign workers.
- Offer evidence they have invested in training the worker.
- Prove that they will not lay off Canadian workers after hiring the new foreign worker.
Prospective employers should ensure they meet the LMIA employer requirements above before proceeding with the process.
How much does an LMIA Cost for Canadian Employers?
The LMIA application processing fee is CAD 1,000. However, this fee does not factor in the cost of putting out job ads and going through the recruitment process to verify that no Canadian residents or citizens were available to fill the job position. This means the total cost of completing an LMIA may be higher for employers.
LMIA Process for Employers
The LMIA process for employers is summarized below:
1. Gather the Necessary Documents
Employers must first gather the documents required for their LMIA. This includes a business license, commercial lease agreement, and legal incorporation documents that demonstrate their business is in operation.
2. Job Advertising
The employer must then put up a job advertisement for the position in a minimum of three recruitment outlets. One of these outlets must be the Canadian Job Bank website. They must then interview any suitable Canadian residents or citizens who apply for the position.
The hiring manager must keep notes about why these applicants were unsuitable for the job and submit them with the LMIA application.
3. Send a Job Offer to the Foreign Worker
The employer can then send a job offer to the foreign worker. This job offer letter must include key details such as the wage being offered, the number of hours per week, and a summary of the job duties. The foreign worker must sign this letter before the employer can proceed with the next step.
4. Submit an LMIA Application
The employer can then fill out an LMIA application and submit it alongside the supporting documents. They must also pay the $1,000 CAD LMIA processing fee. Successful employers will be informed that they have received a positive LMIA. They can then contact their future foreign employee and inform them to apply for a work permit.
How ELAAR can help you?
Prospective Canadian employers who wish to complete an LMIA should contact our immigration experts. Our exceptional team of Regulated Immigration Consultants can help ensure you meet the LMIA requirements and guide you through this process.
Frequently Asked Questions: FAQs
These are some frequently asked questions about the LMIA Process Canada.
What is the average processing time for an LMIA?
The processing time for LMIA applications varies from 8 to 53 business days, depending on the LMIA category. The Global Talent Stream has the shortest processing time, while the Low-wage stream has the longest processing time.
How to apply for LMIA without paying the application fee?
There are two sorts of LMIA employment offers: –
Permanent Job Offer: This LMIA job offer validates TEER 0, TEER 1, TEER 2 or TEER 3 positions. There is no application fee. However, it will not grant you a work permit. It will also help you with your Express Entry application. The processing period ranges from 10 to 20 days.
Temporary Job Offer: Things are slightly different for the temporary LMIA job offer. A $1,000 application fee was required in this case. It essentially acts as a work permit and can only support an Express Entry application for TEER 0, TEER 1, TEER 2 or TEER 3 positions. It could take months to complete.
How long does it take to process an LMIA application?
Processing times can vary depending on various factors such as the location of the job, the type of position, and the volume of applications being processed. Generally, it can take several weeks to several months for an LMIA application to be processed.
What happens if an LMIA application is approved?
If the LMIA application is approved, the employer will receive a positive LMIA, which they can then provide to the foreign worker to support their work permit application. The foreign worker will need to apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC) to be able to work in Canada.
Start Your LMIA Process Today!
Apply for a Labour Market Impact Assessment (LMIA) to hire foreign skilled workers and fill the labour shortages.
