The LMIA process in Canada serves as evidence that no Canadian citizen or permanent resident is prepared, willing, and able to fill a particular role in Canada, and so the employer is authorized to hire a foreign worker. Employers have to advertise the vacancy for at least four weeks to receive an LMIA and potentially interview applicants who are Canadian nationals or permanent residents.
Only then, and only if the company can show that the job description has not been met by such interviewees, can the company be given the green light to employ a foreign worker. Before starting work in Canada, the worker must then apply for a Canadian work permit, sponsored by the LMIA.
There are detailed LMIA applications that need lots of documentation and statistical tabulation. The numerical breakdown of the number of Canadian applicants for the position, the number of jobs offers made and the number of unqualified applicants are examples. A written explanation of why each un-hired Canadian was not eligible for the job must be given by employers. Not all work permit forms include the issuance of an LMIA; work permit streams that are LMIA-exempt come under the International Mobility Program.
LMIA Requirements
The Higher-Skilled Occupations Stream, high-wage workers
Advertising
- For at least 28 days, National/Provincial Work Bank (must remain posted until LMIA is issued)
- Two other advertising outlets, one of which has to be national in nature.
Transition Plan
A comprehensive transition plan must be completed by employers (to be explained in the next section).
The Higher-Skilled Occupations Stream, low-wage workers Advertising
- For at least 28 days, National/Provincial Work Bank (must remain posted until LMIA is issued).
- Two other advertising outlets, one of which has to be national in nature. Cap on temporary foreign employees with low-wage pay.
Employers with 10 or more workers under this stream applying for a new LMIA are subject to a limit. This is 10% of the temporary foreign employees that can be working at that worksite (to be explained below). There are some exceptions to the cap on temporary foreign employees with low salaries.
High-wage workers’ stream of lower-skilled occupations
Advertising
- For at least 28 days, National/Provincial Work Bank (must remain posted until LMIA is issued).
- Two other advertising channels, one of which is meant to reach under-represented communities.
Transition Plan
A comprehensive transition plan must be completed by employers.
Lower-skilled occupation stream-Low-Wage Employees
Advertising
- For at least 28 days, National/Provincial Work Bank (must remain posted until LMIA is issued).
- Two other advertising channels, one of which is meant to reach under-represented communities.
Cap on temporary foreign employees with low-wage pay
Employers with 10 or more workers applying for a new LMIA under this stream are subject to a quota of 10% of temporary foreign employees who may be working on that site.