LMIA

Introducing LMIA to you in FAQs

  1. What is LMIA?

Permission from ESDC   in order to employ a foreign worker.

LMIA: Labour Market Impact Assessment (LMIA), an ESDC document obtained by a Canadian employer in order to employ a foreign worker.

  1. What is a positive LMIA?
  • Positive LMIA is an approved LMIA that ESDC approved to issue the LMIA to the employee. It is approved and can be given to the temporary worker outside of Canada.
  • Negative LMIA is a rejected LMIA.
  1. Who grants the LMIA permission?

ESDC: Employment and Social Development Canada

4. What are the two important/key requirements that an employer has to show to get approval for LMIA?

  • The position they are hiring the employee is under the designated NOC
  • Fixed amount of time- it can’t be for unlimited time or undisclosed.
  1. What does LMIA verify? 
  • The employer couldn’t find the Canadian to do the job
  • There is a need for temporary workers.
  1. The conditions of work FOR LMIA: fixed amount of time
  2. DOES a LMIA allow a worker to work for any employer?

No, it’s a closed work permit.

  1. Please identify five ESDC programs that can hire foreigners?
  • In-Home Caregiver Pilot Program (live-in or live-out program)
  • Foreign Agricultural stream: 1. Seasonal Agricultural Worker Program(SAWP) 2. The agricultural stream where the foreign worker can be from any country. 3. Stream for high-wage positions where the foreign worker can be hired for any high wage agricultural position; 4. Stream for a low-wage position where the foreign worker can be hired for any low-wage agricultural position.
  • 5. Foreign Academic Stream
  • 6. Temporary Skilled Foreign Worker Stream (High wage or low wage program)
  • 7.Global Talent Stream

9. What is the not obligation of ESDC? B 

a. Identify the job offer is genuine and valid

B. Verify the applicant’s(the worker’s) qualifications like education background(This is the employer’s job)

C. Verify whether the work conditions offered to the foreign worker meet the standard work condition: The wages and conditions officered must be sufficient to attract Canadian citizens or permanent residents and retain their work.

d. ESDC: for conducting employer compliance reviews and determining labour market impact assessment.

e. Assessing the genuineness of the offer of employment on a work permit application

F.Review of wages, occupation and working conditions provided to previous temporary workers

  • H. Employer name changes and corporate restructurings

10. What are the duties of IRCC?  

IRCC, for processing application of the work permit and TRV, and

  • Eligibility and admissibility (conditions, medical requirements, urgent referrals and more)
  • Work permit issuance prohibitions
  • Strike situations
  • Language requirements
  • Immigration warrants

11. LMIA exemption under IMP, International Immobility Program (IMP)

  1. can work in Canada  without a work permit:

R186(a)—Business visitor

R186(b)—Foreign representatives and R186(c)—Family members of foreign representatives

R186(d)—Military personnel

R186(e)—Foreign government officers

R186(f)—On-campus employment

R186(g)—Performing artists

R186(h)—Athletes and team members

R186(i)—News reporters, media crews

R186(j)—Public speakers

R186(k)—Convention organizers

R186(l)—Clergy

R186(m)—Judges, referees and similar officials

R186(n)—Examiners and evaluators

R186(o)—Expert witnesses or investigators

R186(p)—Health care students

R186(q)—Civil aviation inspector

R186(r)—Aviation accident or incident inspector

R186(s)—Crew

R186(t)—Emergency service providers

R186(u)—Implied status

R186(v)—Off-campus work

R186(w)—Off-campus work (transition to post-graduation status)

Assessing farm work

Public Policy: Short-term work permit exemption

Public Policy: 120-day work permit exemption for researchers