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LMIA Assistance for Employers
LMIA
What is LMIA?
Canadian employers mostly need LMIA to employ international experts and workers in their organizations. Employment and Social Development Canada (ESDC) issues this document to employers that meet their criteria. Organizations with positive LMIA have the right to employ foreign nationals in their firms with proof that no Canadian permanent resident can occupy the position. If your employer has a negative LMIA, you might not get approval for your work permit.
LMIA REQUIREMENTS
What are the Employer Requirements for LMIA?
Not all registered Canadian businesses qualify for LMIA. The application for an employer’s LMIA rating is done physically by submitting a hard copy proposal. For immediate review, employers are advised to forward their applications through the appropriate Service Canada Processing Centre. Only organizations that meet the expected criteria get positive LMIA for hiring their foreign expert.
Processing Fee
Companies sending their LMIA applications must attach a CAD 1000 processing fee with them. Please note that this fee is non-refundable even if the company gets a negative result. Small businesses or self-employed individuals for in-home caregivers are exempted from this fee.
Business Legitimacy Documents
Only registered Canadian businesses are allowed to send their LMIA applications. Before sending your LMIA applications, ensure your business is registered. We’d advise foreign nationals to only consider job offers from legitimate Canadian businesses.
Transition Plan
If you’re bringing in a foreign expert through the LMIA, you must have a contingency plan to avoid it in the future. Canadian employers must have a transition plan to address the need for hiring another foreign national in the future. The company must plan to hire Canadian citizens and permanent residents in the future.
Recruitment Efforts
Canadian employers must provide valid proof that they’ve made necessary efforts to employ someone in Canada before extending their employment abroad. Organizations are only allowed to recruit foreign employees when they’ve tried hiring someone locally.
Wages
All LMIA applications must have detailed information on the employer’s TFWs wage. This helps the ESDC review the company’s payment schemes before hiring any foreign employee. This is also beneficial for the employee because it allows everyone to get paid according to their services.
Workplace Safety
All Canadian businesses are expected to operate under certain workplace health and safety standards. TFWs must have similar health and work safety standards for both Canadian citizens and foreign nationals. Organizations applying for LMIA must also put into place the minimum equivalent of health coverage for a potential foreign employee before arrival.
POST LMIA APPROVAL
What Happens After LMIA is Approved?
Legitimate Canadian business owners should expect a decision from the ESDC after their LMIA applications have been sent. Employers that get positive LMIAs can now send their job offers to their interested foreign nationals abroad. On the other hand, those with negative LMIAs may have to reapply and cannot hire their foreign expert for now. All positive LMIAs are only valid for the next six months after which the approval to hire a foreign national is retracted.
Employees are also expected to come into the country during the six-month expiration timeframe. Anything later than that automatically voids their job offer, hence work permits. There are very few occasions where an employer may apply for an emergency LMIA. This takes approximately 10 days to get a response. The expedited LMIA processing attracts more charges and is only available to registered businesses outside of QUEBEC.
These businesses must also meet the following requirements:
- Short-term positions of not more than 120 days of employment
- LMIA for an Express Entry applicant
- The employer pays the median provincial/territorial wages
FAQ
Frequently Asked Questions
Yes. It is possible to get as many LMIAs as you wish legitimately. Please note that employers are not allowed to get as many LMIAs for low-skilled positions. There are also regional restrictions on the number of foreign employers an organization can have at a time.
All valid job offers must have the backing of the Labour Market Impact Assessment (LMIA).
Canadian employers with legitimate businesses can apply for LMIA. They must also provide goods and/or services to Canadians and be capable of paying the foreign worker. Must have an immediate need for a foreign worker without laying off an employee in the last year.