In order to qualify for an LMIA, a role must be advertised by employers to permanent residents for a period of at least four weeks prior to the application within the Canada job bank. Employers must also demonstrate at least two other alternative recruitment methods. When satisfied that the role cannot be filled by a regional Canadian worker, they are then able to begin the process of hiring a foreign worker.
An LMIA is an official document that an employer in Canada may require before hiring a temporary worker. A positive LMIA is a verification that no permanent resident can undertake the role and sometimes referred to as a confirmation letter.
A job offer letter is provided by a Canadian employer. It is less detailed than a contract and explains the details of the specific job in full including employee pay and deductions from pay, job duties, and conditions of employment such as hours of work. It is important to note that an offer of employment differs from a job offer letter. If an employer does not require an LMIA for a role, they will follow an alternative process under the International Mobility Program.
What is Labour Market Impact Assessment (LMIA)?
The ESDC will assess the application based on the following criteria:
- Are there Canadians within the region that are available and willing to fulfil the role?
- Were unrepresented groups of Canadians pursued and considered for the position i.e., disabled, youth, aboriginals etc.?
- Has the employer made suitable attempts to fill the role with Canadian candidates?
- Will the employment of a foreign worker help create or retain jobs in Canada?
- Is the employer offering a wage or salary that is consistent with the regional average for the position?
- Is the employer or its related industry engaged in ongoing job disputes?
Get LMIA Faster
Expedite the procurement process.Procurement process & challenges
The LMIA process is highly detailed for employers and requires a great deal of documentation and statistical tabulation. The information will be sent to Employment and Social Development Canada (ESDC) who will assess the application based on merit. Specific information must be included such as a numerical breakdown of the number of Canadian applicants for the position, the number of offers of employment that were made, and the number of unqualified applicants.
Employers must also provide a written description of the reasons why the Canadian applicants were not suitable for the role, and verify that they have no intention of terminating or reducing the hours of a current worker. If a language besides English and French is the first language of the foreign worker, the ESDC will not look favorably upon the application.
Solution for Canadian employers
VG & Partners is a leading global migration advisory firm who have a fleet of HR & employment lawyers, ICCRC certified immigration consultants that can streamline the LMIA procurement process for employers. They offer a fully managed advisory service to Canadian employers by helping them find skilled foreign workers and facilitating their LMIA requirements.
Normally, the processing time of the LMIA can range from two weeks to several months. However, VG&Partners experienced team can expedite this process with more rapid LMIA processing by mapping custom requirements of Canadian employers with certain migration categories like high demand occupations and skilled trades, highest-paid occupations (top 10%), and short duration work periods of 120 days or less.
If you are a Canadian employer and are currently seeking foreign workers, please get in touch with us today.