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Labour Market Impact Assessment - LMIA (replaced the LMO)

The LMIA is an assessment as to whether or not the hiring of a foreign national would have a positive or neutral impact on the Canadian market place.

Here is a over-simplified overview of what an LMIA is. The process consists of identifying the National Occupation Code (NOC) of the position the employer is having difficulties in hiring for. Before hiring a foreign national, the employer must demonstrate that reasonable efforts were deployed in order to hiring a Canadian. This includes advertising for the position for a minimum of 28 days. The advertising is placed in appropriate locations that are in keeping with the hiring of this particular NOC. Other recruitment methods may also be necessary to attract candidates. If the employer does not find suitable candidates in that period of time, then the employer may apply for a LMIA with a branch of government called ESDC (sometimes referred to as Service Canada as well) ESDC stands for Employment and Social Development Canada.

Service Canada receives thousands of applications per year which they accept or refuse depending on different circumstances. Service Canada will check if:

 

  • The number of foreign workers in your company are within the cap established by the government.

  • The job offer and the company are genuine.

  • The wages and working conditions are in line with those offered to Canadians (NOC wages).

  • Employers conducted reasonable efforts to hire or train Canadians for the job.

  • The foreign worker is filling a labour shortage OR if hiring a foreign worker will directly create new job opportunities or help to retain    jobs for Canadians OR the foreign worker will transfer new skills and knowledge to Canadians.

  • This hiring will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.

 

There are also situations where pre-approvals are requested.  They allow the employer to recruit foreign workers with the security that once suitable foreign workers have been recruited, positive Labour Market Impact Assessments will be issued.

 

Finally, there are some pilot projects and special programs that are in effect for most provinces.  These vary in conditions and requirements according to the specific needs of each province.

 

Many programs or pilot projects have been launched to facilitate the processing of Labour Market Impact Assessments throughout the country such as:

 

  • Hiring Temporary Foreign Workers for Occupations Under Pressure;

  • Live-in Caregiver Program;

  • Seasonal Agricultural Worker Program (SAWP);

  • Employment of International Students Graduating from Recognized Post-Secondary Institutions;

  • Hiring Foreign Information Technology Specialists;

We will gladly provide you with a free assessment of your particular case and tell you the possible venues in which you can obtain a positive Labour Market Impact Assessment LMIA.  Please contact us and we will gladly provide you with a free quote for your particular case.