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Moses Law Office

Providing Canadian Immigration Services since 1988

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Labour Market Impact Assessment (LMIA)

To obtain a Work Permit in Canada, the foreign workers will normally need a job offer from a Canadian employer, unless they fall within one of the exemptions set out by Canada Immigration.
There are two steps to obtain a Work Permit. First, the employer must be supportive enough to go through a Labour Market Impact Assessment (LMIA) process with Employment and Skills Development Canada (ESDC) (also called Service Canada). If the employer receives a positive LMIA from Service Canada, the foreign worker can then apply to Immigration, Refugees and Citizenship Canada (IRCC) for the Work Permit.

For the LMIA application, the Canadian employer must prove that there is no qualified Canadian citizen or permanent resident to fill the position that is being offered, and that the recruitment of the foreign worker will have a positive impact on the Canadian labour market such as filling a labour shortage. The employer must also offer the prevailing wage and meet other conditions to hire the foreign worker. To discuss further case specific requirements, contact Moses Law Office.

Recruitment Efforts

Effective August 28, 2017, all employers, irrespective of province or territory, will be required to advertise on Job Bank (if you choose to use an alternative method, you must submit a written rational and explanation of the alternative method)

  • Conduct at least two additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience and or skill level required for the occupation). Effective August 28, 2017, if you are from a province or territory with a provincial or territorial job board, you will be required to use Job Bank, but you will also be able to use a provincial or territorial job board as one of your additional methods of recruitment

Application Fee
Employers must pay a processing fee of CDN$1,000 for each position requested, except applications that involve on-farm primary agriculture occupations such farm
managers/supervisors and specialized livestock workers and general farm workers, nursery and greenhouse workers and harvesting labourers (specifically NOC codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611), and those solely to support a foreign national’s
immigration application.

Types of LMIA
The LMIA has two processing streams: “high-wage” and “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage.
High-Wage Stream: Employers must submit transition plans along with their Labour Market Impact Assessment (LMIA) application to ensure that they are taking steps to ensure that Canadians are given the first chance at available jobs.
Low-Wage Stream: Employers will be subject to a maximum 10% cap on the proportion of low-wage Temporary Foreign Workers. The cap will be phased in over the next 2 years to provide employers who use the Program with time to transition to a Canadian workforce.

LMIA Processing Time
LMIA does not have a standard processing time but it normally takes from several weeks to several months. However, 10 day processing will be available for applications pertaining to jobs in high demand (such as skilled trades), jobs offering wages in the top 10% of wages earned by Canadians in that province or territory, and for jobs with a short duration work period (less than 120 days).

LMIA Exempt
There are certain cases where the foreign worker does not need a LMIA to obtain a Work Permit. Please consult with Moses Law Office to find out if you are eligible for a Work Permit without the need to first obtain a positive LMIA.

Job Offer to an Express Entry Candidates

An employer can offer a job to an Express Entry candidate, supported by the LMIA. Then, they may be invited to apply for permanent residence in the next invitation round from the Express Entry pool. As of November 19, 2016, the additional points awarded for a job offer changed. Candidates with a valid job offer in a NOC 00 job will now get 200 points, and those with a valid job offer in any other NOC 0, A or B job will now get 50 points. The system no longer awards 600 points for a job offer.

For more information on your chances to come and work in Canada, please contact Moses Law Office.