An LMIA, which stands for “Labour Market Impact Assessment,” is a critical document issued by Employment and Social Development Canada (ESDC) or Immigration, Refugees and Citizenship Canada (IRCC) in the context of the Canadian immigration system. An LMIA is primarily used by Canadian employers who wish to hire foreign workers for temporary positions, typically under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).
Here are some key points about LMIA:
The primary purpose of an LMIA is to assess the impact of hiring a foreign worker on the Canadian labour market. It aims to ensure that hiring a foreign worker will not negatively affect the job opportunities and working conditions for Canadian citizens and permanent residents.
Canadian employers must apply for an LMIA before they can hire a foreign worker. This application process involves providing detailed information about the job, such as the job description, wage, location, and efforts made to recruit Canadian workers.
Employers must demonstrate that they will provide foreign workers with wages and working conditions that are consistent with Canadian labour standards and industry norms.
Employers are typically required to demonstrate that they have made reasonable efforts to hire Canadian citizens or permanent residents for the job before seeking to hire a foreign worker. This may include advertising the job locally and providing evidence of recruitment efforts.
If the LMIA application is approved, the employer will receive a positive LMIA. This document is essential for the foreign worker’s immigration application and work permit.
Some foreign workers may be exempt from the LMIA requirement under certain circumstances, such as workers covered by international trade agreements (e.g., NAFTA, CETA), workers in specific occupational categories, or those participating in international research or cultural exchange programs.
An LMIA is typically valid for a specific period, and the employer must hire the foreign worker within that timeframe.
A positive LMIA is a crucial component of the work permit application process for foreign workers. It demonstrates that there is a genuine need for the foreign worker’s skills and that hiring them will not adversely affect the Canadian labour market.
Specific information must be included such as a numerical breakdown of the number of Canadian applicants for the position, the number of offers of employment that were made, and the number of unqualified applicants.
Employers must also provide a written description of the reasons why the Canadian applicants were not suitable for the role, and verify that they have no intention of terminating or reducing the hours of a current worker. If a language besides English and French is the first language of the foreign worker, the ESDC will not look favourably upon the application.
