LMIA Process and Hiring Foreign Workers in Canada

This is an approved LMIA that we have recently received for one of our clients, an employer in North Vancouver.

How can an employer hire foreign worker in Canada?

The Temporary Foreign Worker Program (TFWP) allows employers to hire foreign workers to fill temporary labour and skill shortages. Before you can hire a temporary worker for a Canadian job, in most cases you must apply for a Labour Market Impact Assessment (LMIA).

What is an LMIA job offer?

LMIA job offer refers to a job offer that has been approved by the Canadian government through the LMIA process. LMIA stands for "Labour Market Impact Assessment". It is a document issued by the Government of Canada that assesses the impact of hiring a foreign worker on the Canadian labour market.

In order to hire a foreign worker, Canadian employers must obtain an LMIA from Employment and Social Development Canada (ESDC) to demonstrate that there is a need for a foreign worker and that no Canadian citizen or permanent resident is available to fill the position.

The LMIA process is designed to protect the Canadian labour market by ensuring that foreign workers are only hired when there are no qualified Canadians available to do the job. Once an employer obtains an LMIA, the foreign worker can then apply for a work permit to come to Canada and work for the employer.

There are two main types of LMIA in Canada:

High-Wage LMIA: This type of LMIA is required for positions that offer wages at or above the provincial or territorial median wage.

Low-Wage LMIA: This type of LMIA is required for positions that offer wages below the provincial or territorial median wage. Employers who want to hire foreign workers for low-wage positions must meet additional requirements to demonstrate that they are making efforts to hire Canadians first and that they are not exploiting foreign workers.

There are also specialized LMIA categories such as Global Talent Stream (GTS) LMIA.

What is the Global Talent Stream (GTS) LMIA?

GTS LMIA is a program under Canada's Temporary Foreign Worker Program (TFWP) that helps Canadian employers to attract and hire highly skilled foreign workers for specialized positions in the technology, engineering, and other fields.

The GTS aims to facilitate the entry of foreign talent into Canada's labour market by providing a streamlined process for employers to obtain a Labour Market Impact Assessment (LMIA) within two weeks. This faster processing time is intended to help Canadian companies to quickly fill skill shortages in order to remain competitive in a global economy.

To be eligible for a Specialized LMIA, the job offer must fall under one of two categories:

Category A: This category includes high-growth companies that can demonstrate a need for unique and specialized talent to help them scale up their business operations.

Category B: This category includes specific in-demand occupations that have been identified by the Canadian government as being a priority for economic growth and development. Some examples of occupations that fall under this category include computer programmers, software engineers, and web designers.

Foreign workers who are hired through the GTS may be eligible for expedited work permit processing.

Are you having difficulty finding Canadian citizens or permanent residents to fill your job vacancies? Raha Seyed Ali, immigration lawyer and her team can help you. Our team of experienced immigration professionals can assist you with the LMIA application process and help you hire qualified foreign workers to fill your positions.

Our services include:

1. Review of job offer and recruitment efforts.

2. Preparation and submission of LMIA application.

3. Assistance with obtaining the necessary supporting documents.

4. Communication with government officials on your behalf.

5. Post-approval support for obtaining work permits and managing compliance requirements.