What is an LMIA in Canada?

What is an LMIA in Canada and How To Get It?

A Labour Market Impact Assessment (LMIA) may be required for an employer in Canada seeking to hire a foreign worker. However, there are some exemptions your company may be eligible for. An LMIA indicates whether there is a need for a temporary foreign worker and whether there are no Canadians or permanent residents available for the position. If both of these initial criteria are met, you may be granted a positive LMIA, or confirmation letter, which will allow you to then hire a foreign worker.

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How to Get an LMIA?

LMIAs are available through Employment and Social Development Canada (ESDC). You will then need to go through the appropriate program depending upon the type of position you are trying to fill. This includes programs for high-wage earner positions, low-wage earner positions, seasonal agricultural positions, and agricultural positions.

High-Wage Earner Positions

There is a $1,000 processing fee for each position you wish to fill with a temporary foreign worker. Some exemptions are available. Your business will need to provide documentation that your business and job offer is legitimate. To get an LMIA for a high-wage earner position, you must produce a Transition Plan, which explains how your business plans to recruit, retrain, or train Canadians or permanent residents to fill job positions to decrease the use of foreign workers. Before applying for an LMIA, you must attempt to recruit Canadians and permanent residents through 3 different recruitment activities, one of which must be the Government of Canada’s Job Bank. One of the remaining two recruitment activities must be available nationally. Wages must be comparable to the median wage in other similar positions in Canada.

Low-Wage Earner Positions

The $1000 processing fee for each position you wish to fill with a temporary foreign worker also applies for low-wage earner positions, while exemptions are still available as well. As with high-wage earner positions, you will need to provide documentation proving your business and job offer are legitimate. If you are offering a wage below the territorial or provincial median hourly wage, there is a cap on the percentage of low-wage temporary foreign workers you may hire at a work location. If you hired a temporary foreign worker before June 20, 2014, the cap is 20%, if after, the cap is 10%. You must also attempt to recruit Canadians and permanent residents through 3 different recruitment activities, including the Government of Canada’s Job Bank before you can apply for the LMIA. As of August 28, 2017, each of the recruitment methods must target a unique underrepresented group, including Indigenous persons, vulnerable youths, newcomers, and persons with disabilities. Your business must provide or ensure that transportation, healthcare, and housing are provided for any temporary foreign workers.

Seasonal Agricultural Positions and Agricultural Position

There is no processing fee for primary agricultural positions. As with high-wage and low-wage earner positions, employers must provide documentation proving their business and job offer is legitimate, while attempting to first recruit Canadians and permanent residents. Employers must provide or ensure the provision of transportation, day-to-day transportation, housing, and healthcare for temporary foreign employees.

Every Situation is Unique

At Sobirovs Law Firm, we know that every business’s immigration goals are unique, that’s why you need a team on your side that understands how to help you take the right next step. We are proud to take the necessary time to fully capture where you would like to go and how you can get there. Contact us today, so we can get started helping you, your family, and your business.

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Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

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Our Clients Say…

Lucia Lu
Lucia Lu
I cannot say enough good things about Sobirovs Law Firm’s exceptional team. My work permit application was quite complex and underwent numerous tests, including a rejection from the first attempt. Feruza developed a tailored strategy that contributed to the best chance of success in the resubmission, and her entire team presented my case with unparalleled expertise and genuine care. I want to express my heartfelt gratitude to Maggie, a phenomenal consultant who supported me in every step of the application, took the time to understand my unique situation and answered all my questions patiently. Her in-depth knowledge of the work permit program, proficiency in preparing my application and professional communication were reassuring and truly remarkable. Thanks to your team’s extraordinary work, I can now pursue my business goals in Canada with peace of mind. I am grateful for your hard work and the compassionate support you provided throughout this journey. You have my highest recommendation without any reservations.
Nomin Dunburee
Nomin Dunburee
I had the pleasure of collaborating with the highly skilled professionals at Sobirovs to achieve my goals. Feruza's extensive expertise was invaluable, as she guided me through the most suitable pathway for my business immigration. I am profoundly grateful for choosing Sobirovs and highly recommend their exceptional services!
Bimal Banik
Bimal Banik
I really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the best
Amirov Temur
Amirov Temur
I am happy with the help I got from Sobirov Law Firm. They were always there for me : answering my questions and giving me support through the visa application process and with general immigration related questions. They made everything easier and were quick to respond whenever I needed them. I would recommend Sobirov Law Firm to anyone needing visa assistance for Canada. I trusted them, and did not regret! Thanks for all your help! I hope for further cooperation with you.
Yuri l
Yuri l
I would like to express my sincere gratitude to Ms. Feruza Djamalova, Ms. Judy Le and the entire team of Sobirovs Law Firm for their highly professional and excellent work in the complicated process of obtaining approval of our application for the business immigration program. I had several previous refusals over the course of 5 years. At that point, I contacted Sobirovs Law Firm. Their knowledge, competence, and perseverance turned my application into a success! My case was dealt by Feruza and Judy and I sincerely appreciate what an incredible job they have done and how much they have helped us. I believe they have a special gift and talent for assisting their clients. I want to particularly thank Judy for her patience and attention to detail in our case and also for thanks to her diligence, skill and attention to detail. I highly recommend Sobirovs Law Firm to anyone who wants to move to Canada using Business Immigration Programs and is looking for an immigration law firm capable of making a dream come true. They are highly professional and specialized in this field. I would like to extend my heartfelt thanks for their support.
Syed Namdaar Ali
Syed Namdaar Ali
My experience with Sobirov's was very rewarding. Starting from LMIA to Work permit it was a smooth sail. The entire team especially Yulia prepared my case painstakingly. They guided me on every little detail. Special thanks to Feroza, Farukh, Madina and the entire team for making this happen.
Bhrushank Ved
Bhrushank Ved
I had an amazing experience with the Sobirovs in applying for my C11 Work Permit. Feruza, Maggie, Judy and Yulia planned every step of the way and made the process a breeze. Benjamin was also quite knowledgeable and assisted me with the business plan for my application. I recommend Sobirovs team if you plan to expand your existing business or start a new business in Canada. Highly recommended!
Senol Ercetin
Senol Ercetin
Dear Sobirovs Team, I would like to thank you (Yulia, Faruk, Feruza, Madina) for taking care of us closely in obtaining the necessary work permits for the establishment of the Canadian branch of our company and the necessary visas for our family. You have carried out a flawless process. With sincere regards
Rakesh Shrivastava
Rakesh Shrivastava
I had a great experience working with the Sobirov Law Firm. The entire team was professional, prompt, and meticulous in their approach. We started working with them on LMIA under GTS of the Temporary Foreign Worker Program. The time it took from creation of an Incorporation to submission and approval of our application was around 8 weeks. Work Permit approval took another 2 weeks. They also helped us get shared office space since it was a new experience for us. They guided us in finding a payroll service provider and a realtor to help with the relocation of the foreign employee. My sincere thanks to Feruza Djamalova and Rakhmad Sobirov (Attorneys), and Yulia Kan (Team Lead).

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