LMIA (Work Permit)

Rameh Law > LMIA (Work Permit)

LMIA (Work Permit)

Here’s a guide for suitable employment opportunities in Canada that require a positive LMIA.

If you’re an employer looking to temporarily hire a foreign worker, the Canadian government requires you to apply for an LMIA (Labour Market Impact Assessment). However, there are some exceptions, for example, GATS and NAFTA.

A Canadian employer can only obtain a positive LMIA if they can demonstrate that there is no other Canadian permanent resident or citizen capable of doing the job in question, hence bringing in a foreigner.

An LMIA application must show:

  • Unsuccessful rigorous attempts that a Canadian employer has made to obtain a permanent resident or citizen to do the job
  • The pay rate that the employer intends to offer a foreigner is in line with the current pay that Canadian PRs and citizens in the same job category and the same region receive
  • The working conditions for the job is consistent with the labor market standards in the province or region.
  • The other unique benefits that the foreign worker is going to bring to Canada, for example, transfer of scarce skills to the country  and  creation of many more jobs to Canadian citizens or PRs
  • The transition plan is necessary for high-pay jobs and positions.  For such cases, an employer should plan how they intend to hire a Canadian citizen or permanent resident in the long term.