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Understanding LMIA in Canada: Purpose, Process, Requirements, and Step-By-Step Guide for Employers and Foreign Workers โ€“ Bison Knowledgebase

Understanding LMIA in Canada: Purpose, Process, Requirements, and Step-By-Step Guide for Employers and Foreign Workers

Detailed Article: What is LMIA in Canada and How to Get It

1. Introduction: What Is an LMIA?

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that allows a Canadian employer to hire a foreign worker. An LMIA confirms that hiring a foreign worker will not negatively impact the Canadian labour market. When approved, it is called a positive LMIA, meaning there is a genuine need for a foreign worker and no qualified Canadian citizen or permanent resident is available to fill the position.


2. Why LMIA Is Important in Canada

The Canadian government uses LMIA to protect the job opportunities and wage conditions of Canadians. It ensures:

  • Employers are genuinely unable to find Canadian workers.

  • Foreign workers are treated fairly.

  • Labour shortages in Canada are addressed responsibly.

  • Wage and working conditions meet Canadian standards.

Most employer-specific (closed) work permits require a positive LMIA before a foreign worker can apply for a work permit.


3. Who Applies for an LMIA?

Only the employer can apply for an LMIA.
Foreign workers cannot submit an LMIA application on their own.

Once approved, the employer provides the LMIA confirmation letter and job offer details to the foreign worker, who then applies for a work permit.


4. LMIA Streams in Canada

ESDC categorizes LMIA applications into different streams depending on the role, wage, and sector:

a. High-Wage Stream

Jobs above the provincial median wage.

b. Low-Wage Stream

Jobs below the provincial median wage, often requiring additional employer commitments such as housing or transportation.

c. Global Talent Stream (GTS)

Fast processing (as little as two weeks) for specialized tech and engineering roles.

d. Agricultural Workers and Seasonal Agricultural Worker Program (SAWP)

For farming, greenhouse, and livestock roles.

e. Caregiver Stream

For childcare and home support roles.

f. Permanent Residency Stream

When employers support workers for PR through programs like Express Entry.


5. Requirements for Employers Applying for LMIA

A. Job Advertising Requirements

Most LMIA streams require employers to advertise the job for at least 4 consecutive weeks in:

  • The Government of Canada Job Bank

  • Two or more additional platforms (Indeed, LinkedIn, company website, etc.)

  • Ads must target underrepresented groups where appropriate.

B. Employer Legitimacy Documents

Employers must prove:

  • Financial capacity to pay wages

  • Active, lawful operation in Canada

  • Genuine need for the worker

  • No history of non-compliance

C. Wages and Working Conditions

Wages must:

  • Meet or exceed the provincial median

  • Match the occupationโ€™s standard wage

  • Include fair benefits and working conditions

D. Mandatory LMIA Fee

Most LMIA applications require a fee of:
? $1,000 CAD per position

(Some streams such as certain caregiver or agricultural roles may be fee-exempt.)


6. Step-by-Step LMIA Application Process

Step 1: Identify the Correct LMIA Stream

Employer chooses the correct category (high-wage, low-wage, GTS, etc.).

Step 2: Conduct Mandatory Recruitment

Employer posts job ads and keeps detailed proof of recruitment efforts.

Step 3: Collect Required Documents

This includes:

  • Proof of business legitimacy

  • Financial documents

  • Job offer details

  • Recruitment summaries

  • Transition plan (for high-wage roles)

Step 4: Submit Application to Service Canada

Employer sends all documents, forms, and fees to ESDC.

Step 5: Service Canada Review & Interview

An ESDC officer may contact the employer:

  • To confirm the job offer

  • To ask about recruitment efforts

  • To verify company authenticity

Step 6: Receive LMIA Decision

Processing times vary (2 to 16 weeks depending on the stream).
A positive LMIA will include:

  • LMIA confirmation number

  • Workerโ€™s name(s)

  • Job offer details

Step 7: Worker Applies for a Work Permit

The foreign worker submits:

  • LMIA letter

  • LMIA number

  • Job offer/contract

  • Additional documents (biometrics, medical exam, police certificate)


7. LMIA Exemptions (Jobs That Do NOT Require LMIA)

Some work permits fall under LMIA-exempt categories, including:

  • Intra-company transferees

  • International trade agreements (e.g., CUSMA)

  • Study permit holders with open work permits

  • Spousal open work permits

  • Certain francophone mobility programs

These fall under Canadaโ€™s International Mobility Program (IMP).


8. Common Reasons LMIA Applications Get Refused

  • Incomplete documentation

  • Insufficient recruitment efforts

  • Wage below provincial standards

  • Job description unclear or inconsistent

  • Employer cannot prove financial ability

  • Poor compliance history


9. Conclusion

An LMIA is one of the most important steps for employers who want to hire foreign workers. While the process may appear complex, a well-prepared application significantly increases approval chances. With a positive LMIA, foreign workers can obtain an employer-specific work permit and eventually pursue permanent residency pathways in Canada.


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