Canadian employers who wish to hire a foreign national must often apply for a Labour Market Impact Assessment (LMIA). This process involves an employer demonstrating to Canadian immigration authorities that they have not been able to find a Canadian citizen or permanent resident to fill a specific role. The assessment serves as a formal request for permission to hire a foreign worker because no local workers are available for the position.
The LMIA is primarily the responsibility of the employer rather than the employee. The foreign worker generally does not become part of the process until the employer receives a positive LMIA, which is an approved application. Once the employer has this approval, the document is used to support the employee’s subsequent work permit application.
How the application process varies
The process for obtaining an LMIA depends on the category of workers being hired. Certain applications for specific technology and engineering roles can be processed in a very short period of time. In contrast, general LMIA applications typically take a much longer duration to complete.
What are the recruitment requirements
A standard LMIA requires the employer to advertise the position locally in Canada before looking abroad. This typically involves posting the job on at least three different online job boards for a minimum of one month. These advertisements must meet specific requirements, including stating the salary, the work location, the duties to be performed, and instructions on how to apply.
The purpose of this requirement is to ensure that any qualified Canadian citizen or permanent resident is given the first opportunity to apply for the job. An employer can only choose to offer the position to a foreign national after they have been unsuccessful in finding a Canadian for the role.
Demonstrating business legitimacy
Employers must also prove they have business legitimacy to the immigration authorities. This means the employer must show they are a properly registered and operating business within Canada. Additionally, the employer must demonstrate they have the financial means to take care of any employees they hire. Specific documentary requirements must be met to satisfy these conditions.
Differences between high-wage and low-wage categories
Requirements may vary depending on the salary offered for the position. A high-wage LMIA is for workers whose salary will be at or above the provincial or territorial median wage. A low-wage LMIA applies when the income will be below that median wage. These subcategories may have different specific rules that the employer must follow.
Costs and employer obligations
The employer is responsible for all costs associated with the LMIA application. This includes a government fee, which is typically one thousand dollars per application, and any legal fees if an attorney is used. Employers have a duty to bear these costs themselves and are not permitted to pass these expenses onto the employee.
Ultimately, the employer must satisfy immigration authorities that they have a pressing need to fill a job and have made a reasonable effort to recruit locally. This process applies to many sectors, including the farming sector and any other roles that do not fit into specific exemption categories.
If you have questions about the LMIA process or employer obligations, you can find more information on our website at gooselaw.com.
