Labour Market Impact Assessment (LMIA)

LMIA is a document that an employer in Canada may need to get before hiring a foreign worker. This document is issued by Employment and Social Development Canada (ESDC). A positive LMIA will show that there is a need for a foreign worker to fill a specific job that the employer is willing to recruit. This also means that the employer has tried to recruit a Canadian or a permanent resident (candidate) from within Canada, but, no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter. Labour Market Impact Assessment [LMIA] – Part 1 Find out if you need an LMIA Most employers need an LMIA before they can hire a temporary foreign worker. But before an employer starts the hiring process, they must determine if they need an LMIA. An LMIA confirms :

• There is a need for a temporary foreign worker
• No Canadians or permanent residents are available to do the job

To see if the employer and the temporary foreign worker they want to hire are exempt from needing an LMIA or work permit, one of the following needs to be done :

• Review the LMIA exemption codes and work permit exemptions
• Select the LMIA exemption or work permit code that seems most relevant to their hiring situation and read the detailed description
• If an exemption code applies to them, they’ll need to include it in the offer of employment to the foreign worker

Or Contact the International Mobility Workers Unit (IMWU), available only if they’re hiring a temporary foreign worker who is both currently outside Canada and from a country whose nationals are visa-exempt How to get an LMIA The LMIA is issued by Employment and Social Development Canada (ESDC) The LMIA application process depends on the type of program the firm is hiring through LMIAs are needed to hire :

• High wage workers
• Low wage workers
• Workers through the Seasonal Agriculture Worker Program
• Workers through the Agricultural Stream

Labour Market Impact Assessment [LMIA] – Part 2   How to hire if firms need an LMIA

• The Temporary Foreign Worker Program (TFWP) lets a firm hire temporary foreign workers to fill labour and skill shortages.
• Once an LMIA has been issued, they should provide a copy of the confirmation letter to each temporary foreign worker and tell each of them to apply for a work permit.
• They’ll need an LMIA issued from ESDC, Service Canada.

How to hire if firms don’t need an LMIA

• The International Mobility Program (IMP) lets firms hire temporary foreign workers without an LMIA.
• If they hire a temporary foreign worker through the IMP, they need to pay an employer compliance fee
• Submit an offer of employment form through the Employer Portal
• This must be done beforethe temporary foreign worker they want to hire can apply for a work permit

Think you might need an LMIA ? Let’s connect on +1 800.431.8499 | +1 437.881.6994 | anbimmigration@gmail.com