What is an LMIA-based Work Permit?

A Labour Market Impact Assessment (LMIA) is a process that Canadian employers must go through to hire foreign workers for certain jobs. The process involves demonstrating to the government that there are no Canadian workers available to fill the job and that hiring a foreign worker will not negatively impact the Canadian labour market. In this article, we will explore the LMIA process in more detail, including the steps involved and the different types of LMIA.

The LMIA process begins when an employer applies to Employment and Social Development Canada (ESDC) for an LMIA. The employer must provide detailed information about the job, including the job title, duties, and salary. They must also provide information about their recruitment efforts to hire Canadian workers, such as job postings and outreach to employment centres.

ESDC will review the application and make a decision on whether to issue a positive or negative LMIA. A positive LMIA means that the employer can proceed with hiring a foreign worker, while a negative LMIA means that the employer cannot hire a foreign worker for that particular job.

Once the employer obtains a positive LMIA, the foreign worker can apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC). The work permit application requires proof of the positive LMIA, as well as proof of the foreign worker's identity, qualifications, and job offer from the employer.

The work permit is typically issued for a specific period of time, and is tied to the specific job and employer listed on the LMIA. If the foreign worker wishes to change employers or jobs, a new LMIA and work permit application may be required.

It's important to note that the LMIA process can be complex and time-consuming, and requires significant effort from both the employer and the foreign worker. In addition, there are several LMIA exemptions available for certain types of workers, such as intra-company transferees, international students, and individuals with unique skills and expertise.

There are two types of LMIAs: high-wage and low-wage. High-wage positions are those that pay above the provincial or territorial median hourly wage, and require a higher threshold of recruitment efforts to be undertaken before an LMIA can be issued. Low-wage positions are those that pay below the median hourly wage, and are subject to caps on the percentage of foreign workers that can be hired by an employer.

In addition to the high-wage and low-wage LMIAs, there are also LMIA exemptions available for certain types of workers. These include intra-company transferees, international students, and individuals with unique skills and expertise that are in high demand in Canada.

Overall, the LMIA process can be complex and time-consuming, but is necessary for Canadian employers to hire foreign workers for certain jobs. By understanding the LMIA process and the different types of LMIA, employers and foreign workers can navigate the Canadian work permit process with confidence.