Understanding the Labour Market Impact Assessment (LMIA) Process for Hiring Foreign Workers in Canada

The Labour Market Impact Assessment (LMIA) process in Canada is one of the most important steps for Canadian employers who want to hire foreign workers. A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that confirms a foreign worker is needed to fill a job, and that no Canadian worker is available to do it. Understanding how the LMIA process works is essential for staying compliant and ensuring a successful hire.

What Is an LMIA and Why Do Employers Need One?

An LMIA is often required before a Canadian employer can hire a foreign worker. If approved, the LMIA confirms that hiring a foreign worker will not negatively affect the Canadian labour market. This document is usually necessary before the foreign worker can apply for a work permit. Explore our LMIA services here.

Step-by-Step Overview of the LMIA Process in Canada

1. Recruitment: Employers must advertise the job to Canadian citizens and permanent residents for at least 4 weeks.
2. Application Submission: Submit the LMIA application to ESDC along with the required documentation and application fee.
3. Compliance & Wages: Ensure that the offered wage meets the median wage standards set by the government.
4. Processing Time: Standard LMIA applications can take several weeks to process. High-wage and low-wage streams may have different timelines.
5. Decision: If approved, you’ll receive a positive LMIA that allows your prospective worker to apply for a work permit.

Types of LMIAs

• High-Wage LMIA: For positions that offer wages at or above the provincial median.
• Low-Wage LMIA: For jobs offering below the median wage.
• Global Talent Stream (GTS): A faster option for tech and STEM-related roles.
• Dual Intent Applications: When the foreign worker applies for permanent residence while working in Canada.

Employer Responsibilities After a Positive LMIA

Receiving a positive LMIA is only the beginning. Employers must also comply with Canadian employment laws and participate in inspections if requested by the government.

Do You Need Legal Help with Your LMIA Application?

The LMIA process in Canada is document-heavy and time-sensitive. Mistakes can lead to refusals and delays. At Zohil-Morton Law, we assist Canadian employers with preparing and submitting LMIA applications that meet ESDC standards.

At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.

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 (FAQ)

How long does the LMIA process in Canada take?

Processing times can vary but typically range from 4 to 10 weeks depending on the stream and volume of applications.

Can I hire a foreign worker without an LMIA?

Yes, but only under LMIA-exempt streams like the International Mobility Program or certain trade agreements.

Is an LMIA the same as a work permit?

No. An LMIA is a prerequisite for most employer-sponsored work permits but not a permit itself.

What happens after I receive a positive LMIA?

The foreign worker can then apply for a work permit using your LMIA confirmation number and job offer.

Should I work with an immigration lawyer to apply for an LMIA?

While not mandatory, a lawyer can ensure compliance, avoid delays and improve your chances of approval.