LMIA is the pathway for a Canadian employer to hire a foreign worker to full fill workers demand. A foreign worker may be present in Canada or in a foreign country gets hired by an employer in Canada either as a temporary or permanent employee through this program. An employer must receive a positive or natural LMIA from Employment and Social Development Canada (ESDC) as an authorization to hire a foreign worker under this program. Based on this document, a foreign worker may apply to receive a work permit, which is an authorization by immigration, Refugee and Citizenship Canada (IRCC) to work in Canada.

LMIA application is very complex and detail-oriented process which requires competent representation.

Process for LMIA:
The purpose is to receive a positive or neutral LMIA from ESDC to hire a foreign worker either as a temporary or permanent employee when there is no permanent resident of Canada or Citizen is available for this job opportunity.

Step 1

1. a) Hiring a worker under High-Wage Category:

• This is the category where the employer requires to pay above than the median wage of the province to hire a foreign worker.
• The employer must prove efforts to hire a Canadian permanent resident or Citizen through Job advertising by fulfilling Advertising requirements.
• Employer Must submit a plan to reduce temporary foreign worker over the time.
• The employer must be compliant to hire a foreign employee and maintain the same term during the employment.

1. 
   b) Hiring a Worker under Low-Wage Category:

• This is the category where the employer requires to pay below than the median wage of the province to hire a foreign worker.
• The employer must prove his efforts to hire a Canadian permanent resident or Citizen through Job advertising by fulfilling Advertising requirements.
• The employer does not need to submit a plan to reduce temporary foreign worker over the time.
• An employer can keep a cap of 10% temporary foreign employees with respect to permanent employment in the workplace
• The employer must be compliant to hire a foreign employee and maintain the same term during the employment

In addition to the above under this program:

In the event of hiring a foreign worker who is not present in Canada, the employer must pay for round-trip transportation, affordable housing, health insurance, registration of employee with applicable workplace safety board and design an employer-employee contract.

Step 2

The application must be submitted at ESDC at the applicable local office in province/Territory. Processing time may vary based on many factors. However, an urgent application with demanded professions can be processed in 10 days for high demanded occupations as a part of Global Talent Stream.

High Demanded Occupations:

These occupations are those who play a vital role in the development of infrastructure and the overall economic development of Canada. The employee receives either at or above of high median wage levels.

These applications are processed either under category A or/and B of Global Talent Stream.
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Step 3

• An Applicant might apply for a work permit if a letter of positive or neutral LMIA received by the employer.
• There is no opportunity to become eligible to apply for a work permit if the employer has received a negative LMIA.

Important Note:

An applicant (Employer and/or Candidate) must take timely decision to proceed with full compliance and must be answered any question ESDC may have in a professional manner.