How to Apply for an LMIA in Canada: A Complete Guide

Overview:

If you’re an employer in the Canadian labor market looking to hire foreign workers, you may need to apply for a Labour Market Impact Assessment (LMIA). This guide explains how to apply for an LMIA and everything you need to know to help foreign worker obtain the necessary work permit.

Who Can Apply for an LMIA?

An LMIA is required for employers who wish to hire foreign workers and need to prove that no qualified workers in the local market are available to fill the job. To be eligible, employers must:

Demonstrate that no Canadian citizens or permanent residents are available to fill the position.
Be a business in good standing with local authorities.
Hire in sectors where the market has a high demand for foreign workers, such as construction, agriculture, and technology.

It’s important for employers to meet these criteria before applying for an LMIA, as this will affect the worker’s ability to obtain a work permit and enter the Canadian workforce.

Applying for an LMIA: High and Low-Wage Positions:

The LMIA application for a worker varies based on whether the job is classified as high-wage or low-wage:

High-wage positions: Jobs that offer wages higher than the median wage in the province.
Low-wage positions: Jobs that offer wages below the provincial median.

For high-wage labour jobs, employers may need to submit transition plans showing how they will reduce reliance on foreign labor. For low-wage jobs, there are stricter limits on how many foreign workers an employer can hire. Both categories can involve the labour market impact assessment process, but the wage level determines how the foreign worker’s permit will be processed. Recently federal government announced employers will be allowed to hire no more than 10% of their total workforce through the TFW Program.

LMIA Employer Requirement Checklist

Before applying for an LMIA, employers must meet these requirements:

Job advertisement: Employers must prove to federal government they advertised the position to Canadian citizens and permanent residents for at least 4 weeks before applying. Consider a job board like https://newcomers-jobs.ca, it allows employers and immigration agencies to post jobs on multiple job boards like youth-jobs.ca, and aboriginal-jobs.ca from one website, making the process a lot easier while reaching a broader audience of underrepresented workers.
Wages and benefits: Offer wages and benefits in line with regional labor standards.
Workplace safety compliance: Ensure the workplace is compliant with safety regulations.
Prove labor shortages: Provide evidence that no local workers are available to fill the role.

Ensuring these criteria are met will help foreign workers secure a work permit faster.

LMIA Process Steps:

Applying for an LMIA involves a few key steps that employers should follow closely:

Determine the job category (high-wage or low-wage) to use the correct LMIA stream.
Advertise the job for at least 4 weeks on job boards (e.g., newcomers-jobs.ca) to reach local workers.
Gather the required documents, including job advertisements, employment contracts, and wage information.
Submit the LMIA application with all documentation and fees to Employment and Social Development Canada (ESDC).
Receive a decision, which will either approve or deny the LMIA, directly impacting the worker’s ability to apply for a permit.

LMIA Application Processing Time

The time it takes for an LMIA to be processed can vary depending on the stream and the demand in the labor market. The typical processing time from federal government ranges from 8 to 29 business days, though high-demand sectors like agriculture or caregiving may receive faster responses to address urgent labor needs.

Be aware that delays can occur if your application is incomplete or lacks sufficient documentation, which may extend the time a foreign worker waits to obtain a work permit.

Tips for a Faster LMIA Approval

Here are several strategies to speed up the LMIA approval process for hiring workers:

Prepare documents early: Submitting complete paperwork from the start helps avoid delays.
Check for errors: Review your application thoroughly to prevent common mistakes.
Use faster streams: Some LMIA streams, such as the Global Talent Stream, offer expedited application processing for specific high-demand roles. This can result in quicker permit approvals for workers.
Use an immigration agency: Navigating this process and securing work permits for foreign workers can be time-consuming and complicated. By partnering with an experienced agency like Global Hire, employers can benefit from expert guidance through every step of the application. Contact us here to start.

By following these tips, you can minimize the time it takes to get an LMIA and ensure your foreign worker receives a work permit without unnecessary delays.

Working with an Immigration Consultant for LMIA and Work Permits:

Navigating the LMIA and work permit application can be challenging. Working with a consultant can make it easier, especially when applying for multiple permits for foreign workers. A consultant can:

Guide you through the required documentation.
Ensure your application is complete and submitted correctly to avoid delays in the permit process.
Communicate with authorities on your behalf to keep things moving smoothly.

If you’re unsure about how to apply for an LMIA or want to ensure your workers can get their permits quickly, working with a licensed immigration consultant like Global Hire can help streamline the process, contact us here to start.