canadian EMployers

What is an LMIA?

Employment and Social Development Canada (ESDC) issues a Labour Market Impact Assessment (LMIA) report that will outline the impact of hiring a temporary foreign worker in the Canadian labour market.

A Canadian employer must obtain this approval to hire a temporary foreign worker. Once the employer receives a positive assessment, the report will outline the conditions of the job being offered. It will also include the employees’ name(s) and the expiry date of the LMIA.

Once a positive LMIA has been issued, it must be forwarded to the temporary foreign worker abroad to obtain a work permit that will allow them entry to the country with any other worker’s rights and obligations.

As part of the LMIA assessment process ESDC will assess several key areas:

• If the number of foreign workers in your company are within the cap established by the government.
• if the job offer and the company are genuine.
• if the wages and working conditions are in line with those offered to Canadians (National     Occupational Classification -NOC- wages).
• If the employer conducted reasonable efforts to hire or train Canadians for the job.
• If the foreign worker is filling a labour shortage or, hiring a foreign worker will directly create new job opportunities or help retain Canadians’ jobs or transfer new skills and knowledge to Canadians.
• If the hiring will not affect a labour dispute or the employment of any Canadian worker involved in such a conflict.

It is required that Canadian Employers meet the advertising requirements to ensure they give Canadians the opportunity to apply to the position.

Completing the LMIA application is strongly recommended to be done through an immigration expert to ensure optimal outcome and not refusal of an LMIA. We recommend contacting North Trek Immigration to assist you with your LMIA application.