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 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:
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:
Each of these programs and streams has specific requirements and eligibility criteria that employers and foreign workers must meet in order to participate.
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 |
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:
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 |
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).
It is important to note that these processing times are estimates and may vary depending on individual circumstances.
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:
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:
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:
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.
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.
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:
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:
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:
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.
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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