Everything You Need to Know About the LMIA Process
LMIA stands for Labor Market Impact Assessment, and it’s part of the process by which you can hire a foreign worker to work in Canada. The process of obtaining an LMIA can seem somewhat overwhelming if you're unfamiliar with the terminology and different steps involved in the process. But as long as you have all the information, it's not that complicated. On the other hand, you can choose to seek the expertise of Ansari Immigration to help make your LMIA process less complicated.
In this post, we break down everything you need to know about the LMIA process. However, if certain information contained in this article still needs clarification, do not hesitate to contact Ansari Immigration without delay.
What is an LMIA?
A Labor Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that examines the effects of hiring a foreign worker in Canada. An LMIA can either be positive or negative. A positive LMIA shows that there are no Canadian citizens or permanent residents available to fill the position, allowing the business to hire a foreign national. On the other hand, when the LMIA is negative, it means that a Canadian citizen or permanent resident should occupy the position.
The Purpose of LMIA
The purpose of the LMIA is to determine whether or not there are enough people in Canada who can do the job, and if hiring someone from outside of Canada would have an adverse effect on employment opportunities for Canadians.
Who Can Apply for an LMIA?
A foreign national cannot submit an LMIA application. Instead, LMIAs are applications that must be submitted by a Canadian employer. Although it is occasionally feasible to employ a foreign worker who is exempt from obtaining an LMIA or a work permit, all streams of Canada's Temporary Foreign Worker Program (TFWP) require that an employer obtains an LMIA to employ workers from outside of Canada.
LMIA Application Requirements
LMIA applications are sent by mail to the proper Service Canada Processing Center in hard copy form. Applications must provide proof that the following requirements have been satisfied:
Processing Fee: A $1000 CAD processing fee is included with each LMIA application; this fee is non-refundable, regardless of the outcome. This fee may not apply to all applicants under the LMIAs for in-home caregivers.
Business Authentication Documents: Valid documents that attest to the employer's legal standing as a Canadian company.
Employers’ Transition Plan: Employers are required to provide a plan outlining how they will handle the need to hire foreign nationals. Employers will eventually be expected to hire Canadian citizens and permanent residents instead of temporary foreign workers.
Employers’ Recruitment Efforts: Before hiring a temporary foreign worker, employers must provide proof that they made significant attempts to find Canadian citizens and permanent residents to fill the vacancy.
Wages: Applications must contain details about the temporary foreign worker’s remuneration. By doing so, it will be possible to distinguish between high-paying and low-paying jobs and guarantee that temporary foreign workers receive the same compensation as their Canadian counterparts.
Workplace Safety: Temporary foreign workers have the same rights to a safe and healthy workplace as Canadians in similar positions. Because of this, companies are required to show that TFWs will have insurance coverage that is at least as good as the health insurance provided by the province or territory where the company is based.
The process of obtaining an LMIA can be difficult most times if the necessary information and guidance are lacking. But, be rest assured that with Ansari Immigration, a qualified immigration consultant, your LMIA process promises to be an easy one.