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LMIA
LMIA
A Labour Market Impact Assessment (LMIA) is an important document that assesses whether a Canadian firm needs to hire foreign workers on a temporary basis. The LMIA procedure is founded on the assumption that the job can only be done by a foreign worker, and that no Canadian citizen or worker is qualified for the position. LMIA must be obtained by Employment and Social Development Canada by the employer (ESDC).
The LMIA application procedure differs depending on the programme through which the firm is employing. The LMIA standards and process will vary depending on the type of employee being employed. Under the LMIA procedure, employers can hire the following employees.
- High-wage workers
- Low-wage workers
- Workers through the Seasonal Agricultural Worker Program
- Workers through the Agricultural Stream
Once a confirmation letter from the employer declaring a positive LMIA is obtained, temporary foreign workers (TFW) can apply for an LMIA work visa. Following the submission of an LMIA application that meets the LMIA requirements, a foreign worker can apply for a work visa. A positive LMIA may be required before a TFW may apply for a temporary work visa, depending on the employment and industrial sector. LMIA was previously known as an LMO (Labour Market Opinion).
THE LMIA LETTER
After submitting an application for the LMIA, the employer must wait for approval from Employment and Social Development Canada. This document, known as a positive LMIA, confirms that a foreign worker is required for the job in issue and that no Canadians are available to fill it. The potential employee can apply for a work permit when the employer obtains the LMIA. To apply for a work permit, a foreign worker will require the following documents.
- The offer letter from the Canadian employer.
- A contract of the job opportunity.
- A copy of the LMIA.
The LMIA number.
TYPES OF LMIAS
Canadian employers are only approved to hire a foreign worker to fill a vacant position if they make a genuine effort to fill the position with a permanent resident or Canadian citizen first.
There are many streams within the Temporary Foreign Worker Program. Requirements for the programs and LMIA process vary according to the individual stream.
- Higher-skilled Occupations
- Lower-skilled Occupations
- Live-in Caregivers
- Seasonal Agricultural Worker Program (SAWP)
- Agricultural Stream
APPLICATIONS FOR THE LMIA SHOULD INCLUDE THE FOLLOWING:
- Efforts were made to find available Canadians.
- Wages for the role are consistent with the average pay rate paid in the area to Canadians/permanent residents in a comparable occupation.
- The occupation’s working conditions are in line with contemporary work showcase concepts.
- Any possible benefits of hiring a distant specialist to the Canadian job market, such as the creation of new positions or the sharing of skills and information.
- For high-wage jobs, progress plans will be necessary, with managers demonstrating increased efforts to hire Canadians in the long run.