Labour Market Impact Assessment

Employers looking to hire foreign workers in Canada may be required to obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). The LMIA confirms that there are no Canadians or permanent residents available to fill the job position, and that there is a genuine need for a temporary foreign worker, while demonstrating that hiring a foreign worker will not have a negative impact on the Canadian job market. A positive LMIA is often a prerequisite before a foreign national can apply for a Canadian work permit.

At Zohil-Morton Law, we assist employers in preparing and submitting LMIA applications. Our team ensures full compliance with wage requirements, job advertising regulations, and government criteria to help streamline the process and facilitate successful outcomes.

Types of Labour Market Impact Assessment (LMIA) Applications

The LMIA application process varies depending on the program under which the employer is hiring. There are multiple categories, each with distinct requirements and application processes:

1. High-Wage Positions;
2. Low-Wage Positions;
3. Seasonal Agricultural Worker Program (SAWP);
4. Agricultural Stream;
5. In-Home Caregiver;
6. Foreign Academic Positions;
7. Hiring in the Province of Québec;
8. Application to Support Permanent Residency;
9. Global Talent Stream (GTS); and.
10. Recognized Employer Pilot.

Determining the appropriate category is essential for ensuring compliance with Canadian immigration and employment standards.

Employer Compliance Obligations

Employers with approved LMIAs must meet specific compliance requirements, including:

• Adhering to the conditions outlined in the LMIA, the LMIA decision letter, and its annexes, as well as the Immigration and Refugee Protection Regulations (IRPR);
• Retaining all relevant records for six years from the start of the employment period covered by the work permit; and,
• Immediately informing the Employer Contact Centre about any changes or errors with an approved LMIA, modifications in the temporary foreign worker’s working conditions, and other compliance issues or concerns.

Can I Start Working After my LMIA is Approved?

No, an approved LMIA alone does not allow an individual to begin working in Canada. A work permit application must be submitted and approved before a temporary foreign national can begin their employment in Canada.

Legal Support for LMIA Applications

The LMIA application process, along with the subsequent work permit application, can be complex and time-consuming. At Zohil-Morton Law, we guide you through every step to ensure a smooth and efficient process. We help employers understand and meet all Canadian immigration requirements, compliance standards, and regulations when hiring temporary foreign workers. Let us simplify the process and ensure your business is fully prepared to hire foreign talent.

If you are seeking professional advice on Canadian immigration matters, we are here to offer professional guidance and trusted, personalized support. With expertise in Canadian Immigration Law, we provide tailored legal services to ensure your immigration process is seamless and stress-free. Contact us today to schedule a consultation and take the first step toward your Canadian immigration journey.