Labour Market Impact Assessment (“LMIA”) is an application that Canadian employers might need to make before they can hire foreign workers on a temporary basis. LMIA applications are processed by the Temporary Foreign Worker Program of Service Canada.
LMIA’s are required for certain employer specific LMIA work permits in order to ensure Canadian citizens and permanent residents are given first priority for job openings before employers offer a job to foreign workers. For a positive or neutral LMIA, the employer is required to show that, although necessary requirement efforts are made, a Canadian citizen or permanent resident meeting the job requirements is unavailable in the Canadian labour market.
During the application process, the employer must identify the job requirements for the position they are trying to fill. This process includes identifying the job details such as title, duties and responsibilities, wage and benefits, and the required qualifications and experience of the potential candidate. The employer must make recruitment efforts to find Canadian citizens or permanent residents to fill the vacancy.
The employer must provide evidence of such recruitment efforts such as job postings, recruitment ads, and other documentation. Lastly, the employer must provide evidence that hiring a foreign worker will not negatively impact the Canadian labour market. This includes providing evidence that the foreign worker possesses skills that are in demand and that there are no qualified Canadian citizens or permanent residents available to fill the position.
The employer’s job offer must meet certain wage and working condition requirements. The wage must be comparable to that of Canadian citizens or permanent residents with similar skills and experience. By the same token, the employer must provide the foreign worker with the same working conditions as Canadian citizens or permanent residents. 5. Application:
For LMIA applications, the employer must complete the LMIA application form, which includes all necessary details about the job opening, recruitment efforts, and wage and work conditions. They must also provide any supporting documentation showing business legitimacy and recruitment efforts.
In order to apply for an LMIA work permit, Canadian employers must meet certain requirements such as identifying the job requirements, conducting recruitment efforts, providing evidence that hiring a foreign worker will not negatively impact the labour market, and offering wage and work conditions requirements.
Once met such required conditions, Canadian employers can successfully ensure a positive or neutral LMIA, which would support a foreign worker’s employer-specific work permit.