In order to protect the Canadian labour market, foreign nationals typically have to be issued a document called a Labour Market Impact Assessment in order for their job offer to be valid from an employer. Prior to hiring a foreign national, an employer must apply for an LMIA from Employment and Social Development Canada (ESDC). 

In this page, we will explain what an LMIA is, who needs one and how to apply for one.

In order to protect the Canadian labour market, foreign nationals typically have to be issued a document called a Labour Market Impact Assessment in order for their job offer to be valid from an employer. Prior to hiring a foreign national, an employer must apply for an LMIA from Employment and Social Development Canada (ESDC). This document ensures that a Canadian citizen or permanent resident is not available to fill this position.

A positive LMIA result means that hiring this foreign national would have a net neutral or net positive effect on the Canadian labour market. The process of getting an LMIA involves demonstrating that the employer performed sufficient recruitment efforts to try and hire a Canadian citizen or permanent resident for a specified period of time, and did not succeed. 

The process of giving a foreign national a work permit falls under the Temporary Foreign Worker Program. The LMIA document is to confirm that there is a labour or skill shortage for a particular job in Canada. If there was no shortage of Canadian workers for a job, it would not be necessary to hire someone abroad.

The process of applying for an LMIA shows ESDC that sufficient efforts were made to hire a Canadian citizen or permanent resident. If the employer was unable to find a Canadian citizen or permanent resident, then it would make sense that a foreign national could be hired to fill this job vacancy.

It is possible that a foreign national may be exempt from needing an LMIA. For a list of LMIA-exempt codes, please click the following link: LMIA exemption codes.

Certain occupations may be exempt from needing an LMIA for a variety of reasons. Some reasons are to satisfy:

For example, a trade agreement like the Free Trade Agreement (FTA) between Canada, USA and Mexico exists to open trade between these three countries. The exchange of human labour would also apply under this agreement which is why several occupations are LMIA-exempt. This allows US and Mexican citizens to find employment in Canada more easily.

The process of applying for and receiving an LMIA varies depending on the occupation. Foreign nationals can apply through one of the four categories:

Click one of the categories above to find out more information.

The general process of applying for an LMIA is posting a job advertisement on national job boards for a period of time. If the employer could not find a suitable candidate from all of the applicants, then they can show to the officer the need for a foreign worker.

The process may also involve the employer proving their business is legitimate, ensuring the wages will pay are sufficient, specifying the job duties and working conditions and creating a transition plan which explains how they will release their reliance on the Temporary Foreign Worker Program.

The employer will pay the LMIA processing fee of $1,000. The foreign worker is not responsible for paying this fee.

Once a positive LMIA is received, it can be submitted with a work permit application.

The LMIA will contain an expiry date and duration date. The expiry date is the date the foreign national must submit their work permit application by, which is typically six months from the date of issue. The duration date is the agreed length of time that the work permit shall be valid for. In the event that the foreign national needs to renew their work permit, they would need to obtain another LMIA.

(See IRCC website for more information)

While this page is not an exhaustive list of all the requirements for Labour Market Impact Assessments, it serves to help you understand the fundamentals. Immigration laws and regulations are subject to change, which is why you should check out the Government of Canada website or book a consultation.

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