LMIA Process

What is an LMIA?

An 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. A positive LMIA indicates that no Canadian citizen or permanent resident is available to fill the job, allowing an employer to hire a foreign national. Once a positive LMIA is obtained, the foreign worker can use it to apply for a work permit with Immigration, Refugees and Citizenship Canada (IRCC).

Steps in the LMIA Process

1. Determine if an LMIA is Required
   Employers must first confirm whether an LMIA is necessary. Some positions are exempt under the International Mobility Program (IMP), such as those covered by international trade agreements or significant benefit categories. If an exemption applies, the employer can proceed directly to hiring without an LMIA.
2. Job Advertising and Recruitment Efforts
   For most LMIA applications, employers must demonstrate they’ve made reasonable efforts to hire Canadians or permanent residents. This typically involves advertising the job for at least four consecutive weeks on the Government of Canada’s Job Bank and at least two other recruitment platforms. The ads must target underrepresented groups (e.g., Indigenous peoples, newcomers, or persons with disabilities) and meet specific requirements based on the wage category (high-wage or low-wage).
3. Classify the Position (High-Wage or Low-Wage) 
   • High-Wage: If the wage offered is at or above the provincial/territorial median hourly wage, it’s considered high-wage. Employers must submit a Transition Plan outlining how they’ll reduce reliance on foreign workers over time by training or hiring Canadians.
   • Low-Wage: If the wage is below the median, it’s low-wage. No Transition Plan is required, but there’s a cap on the proportion of low-wage foreign workers a business can employ (typically 10% for companies with more than 10 employees).
4. Prepare and Submit the LMIA Application
   Employers complete the appropriate LMIA application form (available through the LMIA Online Portal or by mail) and submit it to Service Canada. Required documents include: 
   • Proof of recruitment efforts (e.g., job ads, applicant summaries).
   • Business legitimacy documents (e.g., business license, tax records).
   • Job offer details (wage, duties, location).
   • A $1,000 processing fee per position (exemptions may apply, e.g., for agricultural workers or caregivers).
5. ESDC Assessment
   Service Canada reviews the application to ensure: 
   • The job offer is genuine.
   • Recruitment efforts were sufficient.
   • The wage aligns with the prevailing rate for the occupation in the region (check Job Bank for most provinces; Quebec uses a specific provincial guide).
   • Hiring the foreign worker won’t negatively impact Canadian jobs. Processing times vary: standard applications take 8–29 business days, while expedited streams like the Global Talent Stream aim for 10 business days.
6. Receive LMIA Decision 
   • A positive LMIA (or confirmation letter) allows the employer to proceed with hiring.
   • A negative LMIA means the application is denied, often due to insufficient recruitment or labour market concerns.
7. Foreign Worker Applies for a Work Permit
   Once the employer provides the positive LMIA and a job offer letter, the foreign worker applies to IRCC for a work permit. The application must be submitted before the LMIA expires (validity is typically 6 months). Required documents include: 
   • LMIA confirmation letter and number.
   • Job offer letter.
   • Proof of qualifications (education, experience).
   • Biometrics (if applicable) and identity documents. Processing times for work permits vary by country and application method (online, paper, or at a port of entry).

Special Considerations

• Quebec: LMIA applications in Quebec involve both Service Canada and the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). Employers may need a Quebec Acceptance Certificate (CAQ) alongside the LMIA. Quebec also offers a facilitated LMIA process for certain high-demand occupations, waiving recruitment requirements.
• Global Talent Stream: For tech and highly skilled roles, this fast-track option processes LMIAs in about 10 business days, requiring a Labour Market Benefits Plan instead of a Transition Plan.

Exemptions: Some jobs (e.g., under NAFTA/CETA or for significant cultural/economic benefit) bypass the LMIA process entirely via the IM