Description
What is a Labor Market Impact Assessment (LMIA)?
An LMIA is a labor market verification process whereby Employment and Social Development Canada (ESDC) assesses an offer of employment to ensure that the employment of a foreign worker will not have a negative impact on the Canadian labor market. Employers will be required to provide a variety of information about the position for which they want to hire a foreign worker, including the number of Canadians who applied for the position, the number of Canadians who were interviewed, and detailed explanations for why the Canadian workers considered were not hired.
In their analysis of the offer of employment, ESDC will consider the following elements:
Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?
Are the working conditions consistent with labor laws and/or collective bargaining agreements?
Is there a labor shortage for that occupation in the area the position is located?
Is there an ongoing labor dispute in the company and/or industry?
Has the Canadian employer undertaken recruitment efforts in order to find a Canadian to fill the position?
Will the foreign worker be able to transfer unique skills or expertise to Canadians?
Will hiring foreign worker help to create or retain jobs for Canadians?
Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?
Generally speaking, for jobs located in one of Canada’s major cities, the more specialized the position and the higher the salary offered, the higher the chances of obtaining a positive LMIA will be. In less populated cities and regions, this is still true but generally obtaining an LMIA may be easier.
