LABOUR MARKET IMPACT ASSESSMENT LAWYER (LMIA)
WHAT IS AN LMIA?
To hire a foreign worker in Canada, employers may be required to obtain a Labour Market Impact Assessment (LMIA). This document serves as proof that there is a legitimate need for a foreign worker to fill a specific job position and that no qualified Canadian worker or permanent resident is available for the role.
Employers seeking an LMIA must submit an application, and once approved, the foreign worker can proceed to apply for a work permit. The work permit application should include essential documents such as a job offer letter, a contract, a copy of the LMIA, and the designated LMIA number.
DO YOU NEED AN LMIA?
Most employers need an LMIA prior to hiring a temporary foreign worker. In order to decipher if the employer and the temporary worker are exempted from the LMIA requirement, one of the following steps may be taken:
- Evaluate the LMIA exemption codes and work permit exemptions
– Select the most relevant LMIA exemption or work permit code based on your hiring scenario and carefully review the detailed description
– If an applicable exemption code is identified, ensure its inclusion in your offer of employment; or
- For hiring a temporary foreign worker currently outside Canada and from a country with visa-exempt nationals, contact the International Mobility Workers Unit for guidance.
TYPES OF LMIA
- High wage workers: If the hourly wage is at or above the provincial hourly wage, application are made under the stream for high-wage positions
- Low wage workers: If the hourly wage is below the provincial hourly wage, the applications are made under the stream for low-wage positions
- Seasoned Agricultural Worker Program: The Seasonal Agricultural Worker Program (SAWP) enables employers to engage temporary foreign workers (TFWs) in instances where Canadians and permanent residents are not readily available for employment. Employers participating in SAWP can recruit TFWs from eligible countries for a duration of up to 8 months, falling between January 1 and December 15. It is a requirement for employers to provide a minimum of 240 hours of work within a period of 6 weeks or less to the hired workers. To qualify for SAWP, employers must fulfil three specific criteria: the TFWs hired must be citizens from Mexico or participating Caribbean countries, the production must be within specified commodity sectors, and the activity must be directly related to on-farm primary agriculture.
- Agricultural Stream: The Agricultural Stream enables employers to hire Temporary Foreign Workers (TFWs) when Canadians and permanent residents are unavailable. To qualify, employers must meet two criteria: production in specific commodity sectors and on-farm primary agriculture-related activities. Employers can request an employment duration of up to 2 years for Agricultural Stream LMIA applications. For high-wage positions submitted after April 4, 2022, employers may seek a duration of up to 3 years, aligning with reasonable employment needs. Employers awaiting decisions can modify LMIA application durations, with the option not applicable to already issued positive decisions. Low-wage position applications have an employment duration of up to 2 years based on reasonable employment needs.
HOW TO APPLY
An LMIA application may be submitted 6 months before the date you expect to start your job. You may apply online via the LMIA Online Portal or via email by sending a PDF application form.
The most expeditious method for application is utilizing the LMIA Online Portal, a dependable and secure platform designed for submitting online applications to Service Canada.
The first step is to create a Job Bank for employers account. Following this, you may access the lMIA Online portal by the employer’s credentials, and finally submit your application. Alternatively, you may send a PDF application via email.
Securing legal assistance when applying for a Labour Market Impact Assessment (LMIA) is crucial due to the intricate nature of immigration laws and the nuanced requirements specific to this process. Immigration lawyers possess comprehensive knowledge of the latest regulations, ensuring that the application aligns with the necessary criteria and mitigating the risk of errors or omissions. Given the complexity of documentation and eligibility conditions, legal professionals can provide personalized guidance, navigating potential challenges and enhancing the precision of the application. Their expertise in immigration law ensures compliance with evolving regulations, increasing the likelihood of a successful outcome and expediting the application process. Moreover, legal experts can efficiently handle any complexities that may arise during the evaluation process, offering peace of mind to employers and facilitating a smoother LMIA application journey.
In conclusion, the Labour Market Impact Assessment (LMIA) serves as a pivotal component for Canadian employers seeking to hire foreign workers. It acts as evidence that a legitimate need exists for a foreign worker in a specific role, justifying the hiring decision when qualified Canadian workers or permanent residents are unavailable. Understanding the necessity of an LMIA and evaluating whether an exemption applies are crucial steps in the process. The various streams, including those for high-wage and low-wage workers, as well as specialized programs like the Seasonal Agricultural Worker Program and the Agricultural Stream, offer tailored options for different employment scenarios.
Applying for an LMIA involves careful consideration of timelines and can be done through the LMIA Online Portal or by submitting a PDF application form via email. Employers must adhere to specific criteria and provide necessary documentation to support the legitimacy of their hiring needs. Seeking legal assistance during the LMIA application process is highly recommended, given the complexity of immigration laws and the need for precision in documentation. Immigration lawyers bring invaluable expertise, ensuring compliance with the latest regulations, reducing the risk of errors, and navigating potential challenges. Their involvement not only expedites the application process but also provides peace of mind to employers, facilitating a smoother journey through the intricacies of LMIA procedures.
Kozyrev Law offers comprehensive legal assistance for employers navigating the intricate process of obtaining a Labour Market Impact Assessment (LMIA) in Canada. Our experienced team specializes in the latest regulations and intricacies of the LMIA application, carefully aligning with necessary criteria and minimizing the risk of errors or oversights. We provide personalized guidance tailored to the unique circumstances of each client, offering support in evaluating LMIA exemption codes, selecting the most relevant options, and preparing meticulous documentation. By leveraging our expertise, clients enhance the precision of their applications, increasing the likelihood of successful outcomes. Kozyrev Law is committed to facilitating a seamless LMIA application journey, providing invaluable assistance in compliance with evolving regulations and efficiently handling any complexities that may arise during the evaluation process.
Note: The information presented in this article is not intended to constitute legal advice. It is recommended to refer to official government publications and guidelines for accurate and up-to-date information. For obtaining legal advice tailored to the specific circumstances of your case, it is advised to consult with a qualified professional.