Immigration Blog about US & Canadian Immigration matters.

Applying for LMIA and NOC

Under the recently introduced express entry program, a confirmed offer of employment from a Canadian company would add points to your application, provided – the employer has a positive Labour Market Impact Assessment (or LMIA in short) for the position and if the offer corresponds to one of the skill types in the National Occupation Classification (NOC).

What is a Labour Market Impact Assessment?

The LMIA is a process that is used to assess the likely impact of hiring a foreign worker on the Canadian job market. In essence, the LMIA would aim to show that offering a position to a foreign worker would satisfy a need for particular skill set that is needed in Canada and that no Canadians or Permanent Citizens are available for that position. The LMIA application is to be filled by the employer and submitted to the Employment and Social Development Canada (ESDC). This is a very rigorous and often iterative process, after which the ESDC would consider a positive LMIA only to credible offers.

Hiring a Temporary Foreign Worker

Under the current Temporary Foreign Worker Program, families/private households can be employers and can hire a foreign caregiver in a full-time capacity. The foreign caregiver can work in the household on a live-out or live-in basis, and they are processed as part of the temporary foreign worker stream.

If you wish to hire a temporary foreign worker as an in-home caregiver, you (as the employer) will first need to obtain a Labour Market Impact Assessment (LMIA). The following is some information about LMIAs and in-home caregivers.

Who needs LMIA?

Are you a foreign worker with an interest in working in Canada? If so have you looked into the requirements? Most jobs will need a Labour Market Impact Assessment (LMIA). Depending on the type of employment you are seeking you may or may not need a LMIA.

What is a LMIA? And what is the process of getting one?

Labour Market Impact Assessment also known as LMIA is a document that an employer would have to apply for before hiring a foreign worker. The employer will first send an application to Employment and Social Development Canada (ESDC). The employer has to show that no other Canadian can do the job he is offering and hence he has to look for foreign workers outside Canada to satisfy the job duties. The ESDC will weigh several factors in evaluating the effect on the Canadian Labour Market. The factors such as wages, working conditions, whether a Canadian citizen or permanent resident is able to do this work as well as the worker’s skills and knowledge would be considered and the effect it would have on the Canadian market for example to create more jobs. A Positive LMIA would mean it is essential to employ a foreign worker to fill the position and may be regarded as a confirmation letter.

Labour Market Impact Assessment

Labour Market Impact Assessment (LMIA) applications have gained popularity since the introduction of Express Entry, as PR hopefuls receive an additional 600 points for having government approved ‘arranged employment’ via a positive LMIA from their employer. Although many people would like to pursue obtaining an LMIA to either to help with their Permanent Residence or to apply for a work permit, they don’t know what an LMIA is, who qualifies, or what the requirements are. Knowing more about the process can help you determine if you may be eligible to take advantage of the opportunities an LMIA can provide.

What is an LMIA?

An LMIA is a Labour Market Impact Assessment, this is an employer application for company’s who cannot fill vacant positions with qualified Canadian Citizens or Permanent Residents, and would therefore like to be able to hire skilled foreign workers on either a short term basis (LMIA for work permit) or permanently (LMIA to support PR) to satisfy their employment needs.

After Labour Market Impact Assessment is sumitted:

After Employment and Social Development Canada (ESDC) receives a Labour Market Impact Assessment (LMIA) from a Canadian employer, they begin their assessment of the application. This will eventually result in either a positive or negative LMIA. If positive, then the Temporary Foreign Worker’s (TFW) work permit application will be assessed. There is also the potential for an LMIA to be revoked later upon reassessment.

This article will be divided into the following 4 main sections: Assessment Process, Positive or Negative LMIA, Work Permit, and Revocation of an LMIA.

What is an LMIA?

LMIA is a labour market verification process by the Employment and Social Development Canada (ESDC) to determine whether the foreign worker will have neutral or positive effect on Canada’s economy.

What is Positive LMIA?

A Positive LMIA shows that there is a need for the foreign worker to fill the job and that no other Canadian is available for the same job. Every employer who wants to hire a foreign worker needs apply for LMIA.