Immigration Blog about US & Canadian Immigration matters.

Information about LMIA’s

If you are an employer who wants to hire a foreign national, chances are you will need a labor market impact assessment (LMIA). A labor market impact assessment is an application to Canadian Immigration Services (CIC) all on its own and it must be submitted by the employer. It is an important step in the process of hiring a temporary foreign worker, as an LMIA ensures the temporary foreign worker will not be taking a job away from a Canadian looking for employment. Therefore, in this article, you will learn relevant information regarding the LMIA.

Who Needs an LMIA

All applicants applying for the Temporary Foreign Workers Program will require a Labour Market Impact Assessment; exempt occupations are now part of the International Mobility Program.

What is an LMIA

If you are a Canadian employer who is looking to hire a foreign national to fill a position temporarily, the government may allow you to do this. However, it is important for the Canadian government to ensure Canadians have access to jobs in Canada, before those positions are filled by foreign individuals. In order to prevent foreign nationals from taking positions from Canadians who need them, the Canadian government has set the requirement for foreign nationals and their employers to obtain a labor market impact assessment (LMIA), prior to being able to obtain a work permit. Because this is such an important step, and most work permits require an LMIA, we will take the time to break down the application process, to help you prepare an application for an LMIA.

Who Needs an LMIA

Anyone coming to Canada who will obtain an employer specific work permit, and is not covered by a free trade agreement, will need to apply for an LMIA. One of the major benefits of applying for a work permit under a free trade agreement is that barriers such as an LMIA are removed. Other than that, only individuals applying for an open work permit are LMIA exempt.

You as a lower-skilled worker can be hired by employer for up to a maximum of 24 months where there is a demonstrable shortage of Canadian citizens and permanent residents.

An employer needs to get Labour Market Impact Assessment (LMIA) once that is approved that can then give the LMIA to you as the foreign worker and then you are to take it to the Citizenship and Immigration Canada (CIC) to apply for a work permit.

Documents needed for LMIA Application

• Business license or documentation showing proof of employers’ involvement in the business
• Union consultations done before applying to hire the foreign worker(s)
• Drafted and signed an employment contract
• Documentation of recruitment efforts to hire a Canadians and permanent residents before offering this job to a temporary worker and have proof of required advertisement
• Proof that the work place is safe
• Proof of health insurance coverage for temporary foreign worker paid by employer
• Proof that employer will accommodate foreign worker with affordable housing
• Receipt of payment for round trip by employer
• Need proof that the temporary foreign worker will leave Canada once your work permit expires
• May need to provide proof of education of foreign worker
• Proof that the wage rate meets the minimum requirement set by provincial legislation
• Proof that there is a shortage of Canadian citizens and permanent residents in that job area
• Registration of foreign worker under the appropriate provincial Workers’ Safety and compensation Board

If you are looking at filing a LMIA application, let us help with that. At Akrami & Associates, we specialize in LMIA applications. Contact us Tod