Labour Market Impact Assessment
What is A Labour Market Impact Assessment (LMIA)?
LMIA is a document that an employer in Canada may need to get before hiring a foreign worker.
A positive LMIA will show that there is a need for a foreign worker to fill a specific job that the employer is willing to recruit. This also means that the employer has tried to recruit a Canadian or a permanent resident (candidate) from within Canada, but, no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter.
- If a Canadian employer has tried but failed to recruit a Canadian or permanent resident and would like to hire a temporary foreign worker (TFW) to work in Canada, they may submit a Labour Market Impact Assessment application to Employment and Social Development Canada (ESDC)/Service Canada.
- The requirements to obtain a positive LMIA are rigorous and the employer must be prepared to comply with all conditions imposed by ESDC/Service Canada. Employers should be prepared to answer questions about the recruitment process, whether the job offer is genuine and if they have submitted any LMIA in the past.
- After an assessment of a positive LMIA, the TFW can apply for their work permit/permanent residency to Immigration, Refugees and Citizenship Canada (IRCC)
LMIA FOR EXPRESS ENTRY
- Under Express Entry, a valid job offer will give you additional points in the Comprehensive Ranking System. When you create your Express Entry profile, include the LMIA number (as shown in the positive assessment) to show that you have a valid job offer.
- Generally, a valid offer is for a job that is full-time and non-seasonal, for at least one year and in a skilled job listed as Skill Type 0, or Skill Level A or B (National Occupational Classification – 2016). In most cases, a valid job offer must be supported by a Labour Market Impact Assessment (LMIA). As mentioned above, the employer must apply and obtain a positive LMIA from Employment and Social Development Canada/Service Canada. Also, they must give you a copy and a written job offer.
- Candidates with a qualifying offer in NOC skill level 0, A, or B are awarded an additional 50 points while candidates with NOC skill level 00 (senior managerial/executive) qualifying offers are awarded an additional 200 points.
LMIA EXEMPT FOREIGN WORKERS
- Employers of LMIA exempt foreign workers such as NAFTA Professionals, Intra-Company Transferees and International Experience Class (IEC) Young Professionals, can choose to file LMIA application in order to assist their employees in getting an additional 50 points before they have obtained one year of experience on an employer specific work permit. As these foreign workers do not require the LMIA for their work permit, employers can file or the LMIA application solely to support a foreign worker’s permanent residence.
- Post Graduation Work Permit (PGWP), International Experience Class (IEC) Working Holiday, and Open Work Permit holders do not hold employer specific work permits and as such do not have a qualifying offer of arranged employment for the purpose of Express Entry.