FAQs for Labour Market Impact Assessment (LMIA) - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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FAQs for Labour Market Impact Assessment (LMIA)

FAQs for Labour Market Impact Assessment (LMIA)

FAQ – Labour Market Impact Assessment (LMIA)

In this article, I will address a few popular questions and answers for Labour Market Impact Assessments (LMIAs) in Canada and some important information to consider if you are applying for an Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment is intended for any Canadian employer who may need a foreign worker to work for their company and needs the approval from the government of Canada prior to hiring them. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Labour Market Impact Assessment LMIA” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to Labour Market Impact Assessments in Canada.

Q: What is a Labour Market Impact Assessment? Is it necessary?

A: The Labour Market Impact Assessment is a document provided by Immigration Canada that a Canadian employer may need to obtain prior to hiring a temporary foreign worker. It is not necessary for some circumstances but it can be for others. It is important for employers to investigate and review LMIA exemption codes to see whether or not they need a Labour Market Impact Assessment. With a positive LMIA, this will indicate that there is a need for a foreign worker to fill the intended position and that no Canadian citizen or permanent resident of Canada can fill the job. A positive LMIA is also referred to as a confirmation letter. After the employer receives a positive LMIA, the temporary foreign worker may then apply for a work permit in Canada. In order to apply for a work permit, the temporary foreign worker will need a valid job offer letter, a contract, a copy of the positive LMIA and the LMIA confirmation number.

Q: If I am an entrepreneur, am I required to obtain a Labour Market Impact Assessment in order to work in Canada?

A: Fortunately for entrepreneurs, they do not require a Labour Market Impact Assessment in order to work in Canada. They may simply apply for a work permit that is LMIA exempt. However, when applying for the work permit, you must demonstrate that you intend to operate a business within Canada that can maintain significant social, economic and cultural benefits to Canada or jobs for Canadian citizens and permanent residents of Canada.

Q: How do I know whether or not I need an Labour Market Impact Assessment in order to hire a temporary foreign worker?

A: This is a very important and common question that many Canadian employers have. There are two ways in order to find out whether or not you need a Labour Market Impact Assessment prior to hiring a temporary foreign worker. First, you may review the list of LMIA exemption codes. Second, you may contact an International Mobility Worker Unit (IMWU) for assistance. Additionally, when you contact IMWU, you may request their opinion on whether you need an LMIA for your temporary foreign worker, so long as the temporary foreign worker is from a country that is visa-exempt and they are currently outside of Canada.

Q: If I received a Labour Market Impact Assessment one year ago, am I required to obtain another one?

A: This entirely depends on whether you are hiring the foreign worker after the LMIA from a year ago has expired. LMIAs are often valid for only a 6 month time period. Therefore, if you have not hired a temporary foreign worker within the 6 months, then you will need to obtain another one. At this point, when applying for another LMIA, Employment and Social Development Canada (ESDC) will once again analyze whether there are still no Canadian citizens or permanent residents of Canada that can fill the intended position.

Q: I have not received a new Labour Market Impact Assessment from my current employer and my work permit is about to expire. I don’t know what to do! Help!

A: This is a tricky situation. However, thankfully there is an answer. You may only submit your work permit extension application without a Labour Market Impact Assessment only if your work permit will expire within 2 weeks. If your work permit’s expiry date more than 2 weeks away, you must wait to receive your Labour Market Impact Assessment. However, if your expiry date is 2 weeks away, you must also submit proof that the LMIA was requested. Specifically, you will need to include a copy of the application sent to ESDC or; a copy of the receipt confirmation number if the request was submitted online or; indicate in the section “Details of Intended Work in Canada” of the work permit application: the date the LMIA was sent, the office in which it was sent to, the employer’s name and the confirmation number for the submission, if you have it. Additionally, you must also contact the Citizenship and Immigration Canada (CIC) Call Centre with the LMIA confirmation number within 2 months of submitting your application.

Contact Akrami & Associates

Should you have any further questions or feel confused or unclear about how to apply for a Labour Market Impact Assessment, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain temporary foreign workers for their Canadian business. If you believe that you may be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!

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