LMIA
A document that is issued by employment and social development Canada evaluating the impact of hiring a foreign national in Canada is called LMIA – Labor market impact assessment. A positive LMIA shows that there is no Canadian citizen or permanent resident to fill a position, hence, allowing an employer to hire a foreign national. Whereas, a negative LMIA shows that a position must be filled by a Canadian citizen or permanent resident.
About
ESDC Eligibility Requirements
ESDC – employment and social development Canada decides if the worker will be issued an employment offer by considering the following elements:
- Salary offered as per the location of the offered job
- Any former labor dispute going on against the agency
- If the working conditions of these jobs are safe and constant with the labor laws and efforts taken by the employer to hire permanent residents and Canadian citizens before offering it to the foreign worker
- The labor shortage in the area where the job is located
Hire A Foreign Worker With LMIA
The temporary foreign worker program enables foreign nationals to hire foreign workers
Once a positive LMIA is issued by the ESDC – employment and social development Canada after the job offer verification, Citizenship and Immigration Canada issues a valid LMIA work permit to the foreign national following the application.
FAQ
Frequently Asked Questions
What Is LMIA?
A document that is issued by employment and social development Canada evaluating the impact of hiring a foreign national in Canada is called LMIA – Labor market impact assessment.
What Is The Processing Time For LMIA Application?
Although, the processing time for an LMIA application is about three months, the ESDC – employment and social development Canada has now guaranteed a ten-day service standard for issuing LMIAs to these 3 employment categories:
- High-demand and qualified trades
- Jobs with top ten percent wages
- Short-duration jobs.
When Should An Employer Submit An Application For An LMIA?
An employer should submit an application for an LMIA as early as six months before the planned starting date for the position. Processes of LMIA application differ depending on the person’s wage being hired.
What Are Certain Streams For Employers Who Wish To Get LMIAs For Specific Employment Areas?
Here are specialized streams for employers who wish to get LMIAs for specific employment areas:
- Hiring in-house caregivers
- Hiring agricultural worker
- Hiring foreign academics
- Hiring within the Quebec province
What Happens After An LMIA Is Approved?
After an LMIA is approved, employers would be issued a decision. If the employer is issued a positive LMIA, they can go on with hiring a foreign national. If a negative LMIA is issued, unluckily the employer isn’t approved to hire a foreign national.
Who Needs An LMIA?
Employers of some kinds of temporary workers need to get an LMIA before the worker applies for a work permit. An LMIA is a document that is issued by employment and social development Canada evaluating the impact of hiring a foreign national in Canada.
What Are Low And High Wage Employees?
The process of LMIA differentiates between high and low-wage workers. Temporary foreign nationals whose salary is below the provincial median wage are considered low wages and those whose salary is equal to or above the median wage are considered high wages.
What Is ESDC?
ESDC stands for employment and social development Canada which is responsible for delivering social programs and services including the LMIA Canadian program.
ESDC Consideration
When evaluating the applicant’s merits ESDC will consider:
- Are there Canadians available in the region and planning to fill the job on offer?
- Has the employer made enough effort to fill the position with a Canadian worker?
- Will hiring a foreign national help create or retain jobs in Canada?
- Is the worker offering a wage or salary that is constant with the provincial average for the position at hand?
- Are the working requirements acceptable by Canadian labor standards?
- Is the employer or the industry in which the job sits linked to ongoing labor disputes?
LMIA Job Requirements
- Employers should be willing to pay an LMIA cost of thousand dollars and a privilege cost of hundred dollars to pursue this procedure.
- Employers should show that suitable advertisement efforts were made through the Canadian job bank and a minimum of two other hiring mediums.
- ESDC as well requires proof that efforts were taken by the employer to hire Canadian citizens and permanent residents before providing it to the foreign nationals.
- Confirmation is needed by employers to make sure that they are prohibited from lay-off or lessening hours of Canadian citizens and permanent residents because of employing the foreign worker.
- The only languages listed in the job offer must be French and English.
- The financial credentials of the business are required to prove that the business would be capable to support the salary of foreign nationals for a certain time.
Requirements
LMIA Application
- All applications for LMIAs include a thousand Canadian dollars in cost which will not be refunded even if the result is negative. Several applicants under the LMIAs for in-home caregivers might be exempt from this cost.
- Documents proving the status of employers as a legitimate Canadian business.
- Employers should submit a plan for how they plan to address the need to hire foreign workers. Ultimately employers are expected to hire Canadian citizens and permanent residents rather than TFWs.
- Employers should submit proof that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position before hiring a TFW.
- Applications should include detail about the TFW’s wages. This would differentiate the high-wage positions from low-wage positions and make sure that TWFs are paid a similar amount for labor as their Canadian equals.
- TFWs are allowed to the similar standards of workplace health and security as Canadians in a similar position. For this cause, employers should provide proof that TFWs will be covered by insurance that is at minimum equivalent to the health coverage offered by the territory where the business is placed.
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