What is LMIA?
Labour Market Impact Assessment (LMIA), previously known, as the Labour Market Opinion (LMO). Any Canadian employer who is looking to hire a temporary foreign worker requires the Labour Market Impact Assessment.
When the information is completed and processed the Employment and Social Development Canada will assess that information and will determine if the employer gets a positive LMIA or a negative LMIA.
- LMIA, when received is a letter of confirmation
- Positive LMIA means that a foreign worker is necessary to fill a job since a Canadian worker is not available for that particular job
- Negative LMIA will show that the job the employer is looking to hire a foreign worker can be done by a Canadian worker who is available
Do I Need a Labour Market Impact Assessment?
- For certain jobs a LMIA is required, it is an application that needs to be filled by you and your employer
- The fees regarding the LMIA, which has increased over the years is to be paid by your employer and not you.
- LMIA is only given for a certain period of time and for a specific job. If the job is extended or it is a different job a new LMIA will be required by the Canadian government
When is LMIA not required?
Since LMIA is a legal document given by the government of Canada that allows a Canadian employer to hire a temporary foreign worker instead of a Canadian, it is important that the LMIA be provided. Though there are certain cases where an LMIA is not always required,
The following are the cases where a LMIA may not be required but a work permit will be required.
- Employees hired through the International Mobility Program
- Co-op students
- Exchange programs
- Part of an international agreement
- Entrepreneur
- You are an academic (you work as a professor)
- Refugee status
How we help with the LMIA application
For LMIA there are certain documents that are needed to start the application and a process that one has to go through in order to obtain LMIA. That process can be long and complicated. Economic and Social Development Canada (ESDC) will provide a positive LMIA when they are satisfied with the reasons given by the employer.
What is needed?
- Employer Information
- Details of the job offer, which will include:
o Location
o Duration
o Type of job
o Duties
o Education required
o Skills needed to complete the job
- The employer will also need to show proof that reasonable steps were taken to ensure that they looked for local employees
- Information on the Employee
- Details of them as a Foreign Worker
Does Labour market impact assessment take long?
The time it takes to obtain a positive LMIA from ESDC depends on the application that is sent. If all the requirements are met and all the documents have been provided and the job is a highly skilled one, then the chances of obtaining a positive LMIA early are high. Thus in order to ensure that you have sent the application exactly as ESDC wants it, it is always considered best practice to get a experienced professional to complete the application process.
Why is LMIA important?
- The Labour Market Impact Assessment is important because this shows whether or not foreign workers are needed to better the Canadian economy or if there are Canadians available.
- LMIA is done to ensure that there is no negative impact on Canadian labour market
- Allows the Canadian employer to hire a temporary foreign worker under the Temporary Foreign Worker Program if they are unable to find local workers
Where is the application for the LMIA submitted?
The application for the Labour Market Impact Assessment is submitted to Service Canada, where the information is assessed and it is then determined if you will get a positive or a negative LMIA
What does Service Canada look for with regards to LMIA?
- How much will the foreign employee be paid
- The conditions the foreign employee will be working in
- How will this benefit the Canadian labour market
- That the employer made genuine efforts to obtain a local worker, as in they advertised the job and considered the local applications
We are here to help!
Labour Market Impact Assessment applications can be very time consuming and very detailed. Moreover, they are very time sensitive, the application and all the other documents relating to the application have to be sent in within a certain time frame. If a small piece of the application is missing, it can delay the whole process, which is why at Akrami and Associates we have experience representatives who have dealt with many Labour Markey Impact Assessment application and can help you get the results you need and fast!