Work Permit with LMIA

The Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that analyzes the impact of hiring a foreign worker in Canada. A positive LMIA means that no Canadian citizen or permanent resident is available to fill the position, thus authorizing the employer to hire a foreign worker. Conversely, a negative LMIA indicates that a Canadian citizen or permanent resident should fill the position.

1. How do I apply for an EIMT to hire a foreign worker?

Application criteria

• Applications for an LMIA must be mailed to the Service Canada Processing Centre, along with documents proving that the employer meets the following requirements:

• Processing fee: A fee of $1,000 CAD is required for each application, non-refundable in the event of a negative response. Some applications, such as those for live-in caregivers, may be exempt.

• Company legal documents: Proof that the employer is a legal entity in Canada.

• Transition plan: A plan showing how the employer plans to hire Canadians or permanent residents over the long term.

• Recruitment efforts: The employer must demonstrate that it has attempted to recruit Canadians or permanent residents before turning to a foreign worker.

2. What are the median hourly wages by province or territory, and why are they important for the LMIA?

• Wages: The wages offered to foreign workers must be specified to ensure equity with Canadian workers.

• Safety conditions: The employer must guarantee that foreign workers benefit from the same health and safety standards as Canadians.

• Additional requirements for low-wage jobs

• For low-wage jobs, the employer must also:

• Limit the number of TFWs: Respect quotas for temporary foreign workers.

• Transportation and housing: Provide adequate transportation and housing for foreign workers.

After EIMT approval

Once an application has been processed, the employer receives a response. A positive LMIA allows the hiring of a foreign worker, while a negative LMIA prevents it. Positive LMIA'S are valid for six months. Once a positive LMIA has been obtained, the employer must inform the foreign worker so that he or she can apply for a work permit or permanent residence.

In some cases, accelerated processing of 10 days is possible, if the employer is located outside Quebec and meets certain conditions, such as high-wage positions or skilled trades.

3. In what situations or for what types of jobs can I be exempted from the obligation to obtain an LMIA?

Some situations allow us to hire a foreign worker without an LMIA, for example, through the International Mobility Program. There are also specific exemptions under trade agreements such as NAFTA or CETA.

4. What professions are eligible for the facilitated LMIA in Quebec, and what are the advantages of this program?

Quebec, with its distinct immigration policy, offers a simplified LMIA process, exempting employers from having to demonstrate that they are recruiting Canadians or permanent residents.