Types of LMIAs and Employer Requirements
Canadian employers who are hiring foreign workers often need to attain a Labour Market Impact Assessment (LMIA) before hiring that employee. There are a number of different types of LMIA’s available and it is important that employers select the correct one as there will be different requirements that need to be met within the varying streams or industries.
LMIA pathways/streams
Low-Wage LMIA
A low wage LMIA would be used when a foreign worker is being offered a salary below the provincial or territorial median hourly wage. For a low-wage LMIA, job postings need to be advertised on at least 5 sources and additionally must run for 4 consecutive weeks where the LMIA application should then be submitted within 3 months from when the advertisement was posted.
High-Wage LMIA
A high wage LMIA would be used when a foreign worker is being offered a salary at or above the provincial or territorial median hourly wage. For a high-wage LMIA, job postings need to be advertised on at least 3 sources and additionally must run for 4 consecutive weeks where the LMIA application should then be submitted within 3 months from when the advertisement was posted.
LMIA for Agriculture Workers
This type of LMIA is required in order to hire a foreign worker for on-farm primary agriculture activity with the maximum duration of this LMIA being 2 years. Advertising efforts for Agriculture worker LMIAs must be posted for 14 days within the three-month period prior of applying for the LMIA.
LMIA for Seasonal Agriculture Workers
An LMIA for a seasonal agriculture worker is similar to the aforementioned LMIA needed for agriculture worker, the difference being that under this stream Canadian employers can only hire foreign workers from specific countries (such as Mexico, Anguilla, Antigua and Barbuda, Jamaica, Trinidad, etc..). Additionally, under this stream the LMIA duration is shorter as the maximum employment period is 8 months.
LMIA to Support a Permanent Residency (PR) Visa Application
This LMIA is only for high-wage jobs and level A and B in the NOC.
Dual Intent LMIA
This LMIA is often used by employers if they need to fill a vacancy on short notice but also intent to employ the worker permanently. This LMIA is to support PR and work permit applications as well.
LMIA in Global Talent Stream
There are two categories in this stream. In category A, innovation firms can hire specialized foreign nations that are referred by Canadian designated referral partners. In category B, Canadian companies are able to hire highly-skilled and in-demand positions based on the Global Talent and Occupations List.
LMIA for In-home Caregivers
This LMIA is for Canadians who want to hire a caregiver for a private household for children, seniors, or a person with certified medical needs.
Employer Requirements for a LMIA
Employer eligibility for an LMIA is normally determined by stream, but there are typically a number of standard requirements that are required for employers. These include:
- The employer has a legitimate business.
- They provide goods or services to the public.
- They are able to pay a salary to a foreign worker.
- They have a genuine need for a foreign worker.
- They have not laid-off employees in the 12-month period preceding the application.
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