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LMIA

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LMIA

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labour market. An employer in Canada may need to obtain an LMIA before they can hire a foreign worker for a specific job. The LMIA process involves an assessment of the job offer and the availability of Canadians or permanent residents to fill the position.

If the LMIA is approved, it means that there is a demonstrated need for a foreign worker to fill the job and that no suitable Canadians or permanent residents are available. This will allow the employer to hire a foreign worker and will enable the foreign worker to apply for a Canadian work permit. If the LMIA is not approved, it means that the job should be filled by a Canadian citizen or permanent resident.

There are some exceptions to the LMIA requirement, such as for certain types of workers who are exempt from the requirement or for employers who are part of the International Mobility Program. In these cases, an LMIA may not be required in order for a foreign worker to apply for a work permit.

 

LMIA

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LMIA Application Requirements

LMIA applications are submitted by mail to the appropriate Service Canada Processing Centre. The application process requires the submission of several documents, including evidence that the following criteria have been met:

  • Processing Fee: All applications for LMIAs include a $1000 CAD processing fee, which is non-refundable even if the result is negative. Some applicants under the LMIAs for in-home caregivers may be exempt from this fee.
  • Business Legitimacy Documents: Evidence that the employer is a legitimate business in Canada.
  • Transition Plan: A plan outlining how the employer intends to eventually fill the position with a Canadian citizen or permanent resident, rather than a temporary foreign worker (TFW).
  • Recruitment Efforts: Evidence that the employer made substantial efforts to recruit Canadian Citizens or permanent residents for the position before hiring a TFW.
  • Wages: Information about the wages that will be paid to the TFW, which must be equivalent to what Canadians in the same position would receive.
  • Workplace Safety: Evidence that the TFW will be covered by insurance that is at least equivalent to the health coverage offered in the province or territory where the business is located.
LMIA Application Requirements

LMIA Streams

There are several programs and streams available for hiring temporary foreign workers in Canada. Here is a summary of the programs and streams you listed:

  • High and low-wage positions: Employers can hire temporary foreign workers for a wide range of positions based on the provincial or territorial median wage. The median wage is the midpoint in the range of wages being paid in a particular region, with half of workers earning more and half earning less.
  • Primary agriculture positions: Employers can hire temporary foreign agricultural workers for occupations and activities related to primary agriculture.
  • Applications to support Permanent Residency: Employers can hire skilled temporary foreign workers to support their application for permanent residence in Canada through an immigration program.
  • Global Talent Stream: The Global Talent Stream is a program for employers who wish to hire uniquely skilled talent or in-demand workers in select jobs to help scale up and grow their business.
  • Caregiver positions: Employers can hire foreign workers to care for children, seniors, or people with medical needs.
  • Academic positions: Employers in the education sector can hire foreign academics at degree-granting post-secondary educational institutions in Canada.

Each of these programs and streams has specific requirements and eligibility criteria that employers and foreign workers must meet in order to participate.

Hire a temporary foreign worker in a high-wage or low-wage position

The Stream for High-wage Positions applies to positions for which the offered wage is at or above the median hourly wage for the province or territory where the position is located. Employers applying under this stream must demonstrate that they have made efforts to recruit and hire Canadian citizens and permanent residents before turning to foreign workers, and that the foreign worker will not have a negative impact on the Canadian labour market.

The Stream for Low-wage Positions applies to positions for which the offered wage is below the median hourly wage for the province or territory where the position is located. Employers applying under this stream are subject to additional requirements, such as demonstrating that they have made efforts to recruit and hire Canadian citizens and permanent residents, and providing transition plans to recruit and train Canadians to eventually fill the position. Employers in certain sectors, such as accommodation and food services, are also subject to caps on the number of foreign workers they can hire.

Province/Territory

Median hourly wages as of April 30, 2022

Alberta

$28.85

British Columbia

$26.44

Manitoba

$23.00

New Brunswick

$21.79

Newfoundland and Labrador

$24.29

Northwest Territories

$37.30

Nova Scotia

$22.00

Nunavut

$36.00

Ontario

$26.06

Prince Edward Island

$21.63

Quebec

$25.00

Saskatchewan

$25.96

Yukon

$32.00

Hire a temporary foreign worker

Global Talent Stream

The Global Talent Stream is a program within the Temporary Foreign Worker Program (TFWP) that is designed to help innovative Canadian firms access highly-skilled global talent in order to expand their workforce and be competitive on a global scale. There are two categories within the Global Talent Stream:

  • Category A: This category is for employers who have been referred to the Global Talent Stream by one of the stream’s designated partners and are hiring an individual with unique and specialized talent.
  • Category B: This category is for employers who are seeking to hire highly-skilled foreign workers to fill positions in in-demand occupations found on the Global Talent Occupations List. A referral from a designated partner is not required to be eligible for Category B.

If an employer is approved to participate in the Global Talent Stream, they can then hire temporary foreign workers for highly-skilled positions. The foreign workers will need to apply for a work permit in order to work in Canada. The process for obtaining a work permit through the Global Talent Stream is generally faster than the regular process for the TFWP.

Global Talent Stream Eligible NOC Codes

The list of eligible NOC codes for the Global Talent Stream includes a variety of technical and highly-skilled occupations in fields such as computer and information systems, engineering, mathematics and statistics, and information systems and technology. The list also includes specific sub-sets of NOC codes for certain occupations that have specific requirements, such as experience or education.

National Occupations Classification (NOC) code 2011

NOC code 2021

Occupation

0213

20012

Computer and information systems managers

2131

21300

Civil engineers

2133

21310

Electrical and electronics engineers

2143

21330

Mining engineers

2146

21390

Aerospace engineers

2147

21311

Computer engineers (except software engineers and designers)

Sub-set of 2161*

Sub-set of 21210*

Mathematicians and statisticians

* Positions for actuaries or related occupations are excluded from this subset.

2171

21211 – Data scientists

21220 – Cybersecurity specialists

21221 – Business system specialists

21222 – Information systems specialists

21233 – Web designers

Information systems analysts and consultants

2172

21211 – Data scientists

21223 – Database analysts and data administrators

Database analysts and data administrators

2173

21231 – Software engineers and designers

21211 – Data scientists

Software engineers and designers

2174

21230 – Computer systems developers and programmers

21232 – Software developers and programmers

21234 – Web developers and programmers

Computer programmers and interactive media developers

2175

21233 – Web designers

21234 – Web developers and programmers

Web designers and developers

2241

22310

Electrical and electronics engineering technologists and technicians

2281

22220

Computer network technicians
(NOC 2021 occupation: Computer network and web technicians)

2283

22222

Information systems testing technicians

Sub-set of 5131**

Sub-set of 51120**

Producer, technical, creative and artistic director and project manager – Visual effects and video game

**The position must require a minimum of 3 years of experience in the visual effects, video game or animation industries in 1 or a combination of the following roles: producer, technical director, creative director, artistic director or project manager, senior coordinator, department manager, with 3 years of job experience in at least 1 or more of the following skills relevant to the visual effects, video game or animation industries: surfacing and look development; character or simulation rigging; matte painting; managing budgets or teams; or technical pipeline development and application for visual effects, video games, or animation production.

Sub-set of 5241***

Sub-set of 52120***

Digital media designers

***The position must require a minimum of 3 years of job experience in at least 1 of the following digital media design skills: 3D modeling, compositing, paint and roto, layout and match move, digital environment and Matte painting, texture, lighting shading, character effects, effects and simulations, design and scenario, rigging, user interface or user experience, responsive design (for gaming), virtual reality, augmented reality, digital media animation, levels editing for digital media design, software editing for digital media design, pipeline software development or applications relevant for digital media design

Main Points of Global Talent Stream Program

Main points to consider when applying for the Global Talent Stream of the Temporary Foreign Worker Program (TFWP).

  1. The Global Talent Stream has a shorter processing time than the regular TFWP. Employers who are approved to participate in the Global Talent Stream can generally expect their applications to be processed within two weeks.
  2. Under the Global Talent Stream, employers do not need to advertise the position to Canadian citizens and permanent residents before hiring a temporary foreign worker. However, they must still meet certain requirements, such as developing a Labour Market Benefits Plan that demonstrates their commitment to activities that will have a lasting, positive impact on the Canadian labour market.
  3. Once an employer is approved to participate in the Global Talent Stream and they have hired a temporary foreign worker, the worker will need to apply for a work permit in order to work in Canada. The process for obtaining a work permit through the Global Talent Stream is generally faster than the regular process for the TFWP. It typically takes about two weeks for a work permit application to be processed through the Global Talent Stream.

It is important to note that these processing times are estimates and may vary depending on individual circumstances.

Main Points of Global Talent Stream Program

In-home Caregiver LMIA

The Temporary Foreign Worker Program (TFWP) allows families in Canada to hire foreign caregivers to provide in-home care to children, seniors, or individuals with certified medical needs when Canadian Citizens and permanent residents are not available. Caregivers must work on a full-time basis (minimum 30 hours per week) and in the private household where the care is being provided, and must meet the requirements set by Employment and Social Development Canada (ESDC) and Immigration, Refugees, and Citizenship Canada (IRCC). Families or private household employers can hire foreign caregivers on a live-in or live-out basis for two categories of in-home care:

  1. Caregivers for children: This category includes positions such as child care provider, live-in caregiver, and nanny (NOC 44100) for children under 18 years of age.
  2. Caregivers for people with high medical needs: This category includes positions such as registered nurse or registered psychiatric nurse (NOC 31301), licensed practical nurse (NOC 32101), and attendant for persons with disabilities, home support worker, live-in caregiver, and personal care attendant (NOC 44101) for elderly persons over 65 years of age, or individuals with disabilities or chronic or terminal illnesses.

 

Hire a Foreign Academic

Employing foreign academics can help degree-granting post-secondary educational institutions in Canada meet their staffing and teaching needs and bring new knowledge and expertise to their campuses. Special hiring criteria have been developed by Employment and Social Development Canada (ESDC) and Immigration, Refugees, and Citizenship Canada (IRCC) in collaboration with universities, degree-granting colleges, and unions representing Canadian academics. These criteria are designed to consider the career development and employment of Canadian academics.

An academic is defined as an individual with at least one postgraduate degree (following a Bachelor’s degree) who primarily earns income from teaching or conducting research at universities and university colleges in Canada. If your institution is interested in hiring a foreign worker for a position where the majority of duties are not related to teaching or research (such as management, financial, or administrative duties), the regular ESDC process for hiring foreign workers applies.

Please note that the regular ESDC process for hiring foreign workers also applies to community colleges unless they are affiliated with a university and their students can obtain degrees, and to the Collèges d’enseignement général et professionnel (Cégep) in Quebec.

Exemption

Under the Immigration and Refugee Protection Act (IRPA), certain types of foreign academics can be hired by universities and colleges in Canada without requiring an Employment and Social Development Canada (ESDC) labour market impact assessment (LMIA) or a work permit.

Positions Exempt from Work Permits and ESDC LMIAs:

  • Academic consultants and examiners
  • Graduate assistants
  • Self-funded researchers

These individuals can enter Canada as visitors by applying directly at an Immigration, Refugees and Citizenship Canada (IRCC) visa office or at a Canadian Port of Entry, if they are citizens of the United States, St. Pierre et Miquelon, or Greenland.

Positions Exempt from ESDC LMIAs:

  • Post-doctoral fellows
  • Research award recipients
  • Eminent individuals (e.g., leaders in various fields)
  • Guest lecturers
  • Visiting professors
    • Citizens of the United States and Mexico appointed as professors under the university, college, and seminary levels of the North American Free Trade Agreement (NAFTA)
    • Citizens of Chile appointed as professors under the Canada-Chile Free Trade Agreement (CCFTA)

    These academics can apply for a work permit directly at an IRCC visa office or at a Canadian Port of Entry, if they are citizens of the United States, St. Pierre et Miquelon, or Greenland.

Hire a Foreign Academic

Hire a skilled worker to support their permanent residency

Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under the Immigration, Refugees and Citizenship Canada (IRCC) Express Entry system. The job offer must meet the criteria of one of the listed economic immigration programs such as the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP) or Canadian Experience Class (CEC). These programs have specific requirements for the type of occupation, hours of work, and duration of the job offer.

It’s worth noting that Employers who are new and have not been in business for a minimum of 1 year, or hiring workers who intend to reside in the province of Quebec are not eligible to make a job offer under these programs.

Employers can also apply for a dual intent Labour Market Impact Assessment (LMIA) which allows them to hire the foreign worker temporarily while their application for permanent residence is being processed. Employers submitting an LMIA application for a high-wage position may request an employment duration of up to 3 years. The employment duration must align with the employer’s reasonable employment needs.

Hire a temporary foreign agricultural worker

Primary agriculture refers to work duties that are performed within the boundaries of a farm, nursery, or greenhouse and involve at least one of the following activities:

  • operation of agricultural machinery,
  • boarding, care, breeding, sanitation, or other handling of animals (other than fish) for the purpose of obtaining raw animal products for market, or activities related to the collection, handling, and assessment of those raw products, or
  • planting, care, harvesting, or preparation of crops, trees, sod, or other plants for market

To be considered primary agriculture, the work must also be consistent with one of the following National Occupational Classification (NOC) codes: 80020, 80021, 82030, 82031, 84120, 85100, 85101, and 85103.

Employers can hire a temporary foreign agricultural worker under one of the following streams:

  • Seasonal Agricultural Worker Program: the temporary foreign worker must be from Mexico or a participating Caribbean country, and the production must be included on the National Commodities List.
  • Agricultural stream: the temporary foreign worker can be from any country, and the production must be included on the National Commodities List.
  • Stream for high-wage positions: production is not included on the National Commodities List, but the temporary foreign worker can be hired for any high-wage agricultural position.
  • Stream for low-wage positions: production is not included on the National Commodities List, but the temporary foreign worker can be hired for a low-wage agricultural position.

Why Seeking Professional Immigration Help is Important

There are several reasons why someone might seek help from an assistant when applying for a Labour Market Impact Assessment (LMIA). Some of the most common reasons include:

  1. Complexity: The LMIA application process can be quite complex, with many different forms and requirements that need to be completed and met. Having an assistant who is familiar with the process can make it easier to navigate and ensure that all necessary information is included.
  2. Time constraints: Preparing an LMIA application can be time-consuming. Seeking help from an assistant can free up time to focus on other important tasks.
  3. Improving chances of success: An assistant with experience in LMIA applications can help ensure that the application is complete and meets all requirements, increasing the chances of a successful outcome.
  4. Language Barrier: If an applicant does not have proficiency in English language, an Assistant can help in communicating and preparing the application.

Our proficiency in a range of LMIA programs, coupled with our assistance to numerous firms, enables us to expedite the process of bringing employees to Canada.

Contact Vizard

If you require professional assistance in the application process for a Labour Market Impact Assessment (LMIA), please do not hesitate to contact our offices by telephone. We would be delighted to provide our expertise and support to ensure a successful outcome. Kindly note that we are specialized in the field of LMIA and have a team of experts ready to assist you.

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