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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.
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.
In the LMIA, an employer is required to provide information about the position that is being offered, how many Canadians applied and were interviewed for the position and why they were not hired. The LMIA process is based on wages. The application processes will be based on the type of wage; high wage or low wage category.
The applications for LMIA are processed in various locations across Canada based on the occupation. The applications are sent to Service Canada LMIA processing centres. The centres location can be found on ESDC website.
The applications can be faxed or mail to the specific centre based on the occupations. Employers can apply for a LMIA before a temporary foreign worker has been identified, in this case the application is assessed by ESDC. If the employer received a positive LMIA it would be called an “unnamed LMIA” which is valid for 6 months.
Each application for LMIA must be accompanied by all supporting documentation. Employers seeking to hire workers are required to show that they have conducted ongoing recruitment efforts such as advertising on recognized internet recruitment sites, trade journals, newsletters or newspapers. Alternatively they would have advertised on the Government of Canada’s national Job Bank.
The advertisement has to last at least four weeks before applying for an LMIA. If the position is a high wage job then employers are required to submit a Transition Plan to ESDC along with the LMIA. What this means is that the company has to show how they plan on reducing their reliance on foreign workers. It is important to remember that individuals who are inadmissible to Canada will likely be refused the work permit by CIC.
The application for LMIA is very costly, as it costs an employer $1000 for each request for LMIA. Furthermore, a privilege fee of $100 is also required for the application.
The process times for LMIA applications is usually 10 days however this 10 day time is only available for job that have a high demand, jobs with wages in the top 10% of wages earned by Canadians and jobs with shorts duration work period. ESDC offices exit in every province where the applications can be filed by employers.
Anyone can apply for LMIA on their own however the supporting documentation needed is very time consuming. All information needs to be detailed to get a positive LMIA. It is important to tell everything on the application truthfully.
For further information on how to apply for a LMIA application, don’t hesitate to contact us and we will help you gladly in your matter.
