by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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How Canadian Employers Can Successfully Navigate the LMIA Canada Process
Employers in Canada looking to hire temporary foreign workers must often obtain a Labour Market Impact Assessment (LMIA) before proceeding with work permit applications. The LMIA Canada process is a crucial step to demonstrate that there is a genuine need for a foreign worker because no Canadian citizen or permanent resident is available for the job.
What is an LMIA?
A Labour Market Impact Assessment (LMIA) is an official document issued by Employment and Social Development Canada (ESDC) that authorizes an employer to hire a foreign worker. It ensures that the employment of a foreign worker will have a positive or neutral impact on the Canadian labour market.
Why Do Employers Need an LMIA?
- To prove the need for hiring a foreign worker due to labour shortages
- To ensure Canadian workers are prioritized for available jobs
- To comply with Canadian immigration laws and regulations
Steps in the LMIA Application Process
- Determine if you need an LMIA: Some jobs are LMIA-exempt. Reach out to us to assess whether an LMIA is required.
- Recruitment efforts: Employers must conduct adequate recruitment efforts to hire Canadian citizens or permanent residents first.
- Submit LMIA application: Complete and submit the LMIA, providing all required documents and fees.
- Wait for LMIA decision: ESDC reviews the application and issues a positive, negative, or neutral LMIA.
- Work permit application: Upon receiving a positive LMIA, the foreign worker can apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC).
Common LMIA Categories for Employers
- High-wage positions
- Low-wage positions
- Seasonal Agricultural Worker Program
- Global Talent Stream (for highly skilled workers)
How Zohil-Morton Law Can Help Employers with the LMIA Process
Navigating the LMIA is often complex and time-consuming. At Zohil-Morton Law, we provide tailored legal guidance to help employers:
- Understand LMIA eligibility and exemptions
- Prepare and submit a strong LMIA application
- Ensure compliance with federal and provincial regulations
- Support you with related work permit applications
Learn more about our business immigration services designed to streamline your hiring process.
Still have questions? Book a consultation today with Cristina Zohil-Morton and the team at Zohil-Morton Law.
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Frequently Asked Questions About the LMIA Canada Process
What is the processing time for an LMIA application?
Processing times vary depending on the LMIA category and application volume. Typically, it can take from a few weeks to several months.
Are there any jobs exempt from requiring an LMIA?
Yes, certain categories of workers and jobs are LMIA-exempt under international agreements, intra-company transfers, or specific immigration programs.
How much does it cost to apply for an LMIA?
The employer must pay a processing fee of $1,000 CAD per LMIA application for most streams. Some programs like the Seasonal Agricultural Worker Program may have different fees. Fees are paid directly to ESDC.
Can an employer appeal a negative LMIA decision?
There is no formal appeal process for negative LMIA decisions. Employers can request a reconsideration by submitting additional information or reapplying.
What happens after the employer gets a positive LMIA?
After receiving a positive LMIA, the foreign worker can apply for a work permit through IRCC. The LMIA number must be included in the work permit application.
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