劳动力市场影响评估批文 Labour Market Impact Assessment (LMIA)
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident.
A foreign national cannot apply for an LMIA. Rather, LMIAs are documents which must be applied for by a Canadian employer. While sometimes it is possible to hire a foreign worker who is exempt from needing an LMIA, or who is exempt from requiring a work permit, all streams of Canada’s Temporary Foreign Worker Program (TFWP) require that an employer obtain an LMIA in order to hire outside of Canada. As well, many of Canada’s immigration pathways to permanent residency require that applicants show a positive LMIA in order to claim points for a Canadian job offer.
文章内容 Table of Contents
- LMIA Application
- LMIA Application Requirements
- How Canada Makes LMIA Application Decisions
- LMIA Validity and Duration of Employment
- How long will it take to process LMIA Application
- What is the rate of success for work permit/LMIA
- Can I include my spouse and dependents
- What Happens After LMIA is Approved
An employer may submit an application for an LMIA as early as 6-months prior to the intended start date for the position. LMIA application procedures vary depending on the wage of the person being hired. Employers should consult the median hourly wages of their province or territory in order to determine whether their position is considered high-wage or low-wage, as low-wage positions will require the employer to meet additional criteria. There are specialized streams for employers wishing to obtain LMIAs for certain areas of employment. These include:
- Hiring In-Home Caregivers
- Hiring Agricultural Workers
- Hiring Foreign Academics
- Hiring within the province of Quebec
LMIA applications are submitted in hard copy, by mail, to the appropriate Service Canada Processing Centre. Applications must include evidence that the following criteria have been met:
- Processing Fee: All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.
- Business Legitimacy Documents: Documents proving that the employer’s status as a legitimate Canadian business.
- Transition Plan: Employers must submit a plan for how they intend to address the need to hire foreign nationals. Eventually, employers are expected to hire Canadian citizens and permanent residents rather than TFWs.
- Recruitment Efforts: Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.
- Wages: Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.
- Workplace Safety: TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.
The decision on whether or not to issue a positive LMIA is made by Employment and Social Development Canada (ESDC) and then issued to Immigration, Refugees and Citizenship Canada (IRCC). IRCC then informs the employer of the final LMIA decision. In making an LMIA decision, ESDC considers several factors including:
- The impact of hiring the foreign worker will have on the Canadian labour market.
- The wages and working conditions being offered to the foreign worker.
- The availability of Canadian citizens or permanent residents to do the job in question.
- Whether a transfer of useful knowledge and skills would result from hiring the foreign worker.
- Whether hiring the foreign worker will help create jobs for Canadian citizens and permanent residents.
After a positive LMIA is issued, a temporary foreign worker has six months to use it to apply for a work permit. No extensions will be given. If the six-month period expires and the foreign worker does not submit a work permit application, a new LMIA application is required. In Quebec, there is a separate LMIA application process.
The validity of the LMIA is not the same as the duration of employment of the LMIA. The validity of an LMIA indicates the amount of time that a foreign worker applicant has to use the LMIA and apply for a work permit. The duration of employment of an LMIA indicates the length of validity of a work permit issued using the LMIA. There are three options relating to the duration of employment for an LMIA:
- Temporary duration to support a work permit application only.
- Permanent duration to support a permanent residence application. Work permits issued under a permanent duration LMIA will be issued for a maximum period of two years, provided the candidate meets the requirements set out in the LMIA. The work permit will not be extended regardless of whether or not a permanent residence application is underway.
- A combination of permanent and temporary duration to support both a permanent residence application and a work permit application.
There are two types of Labour Market Impact Assessment (LMIA) applications: a regular LMIA and a simplified LMIA. The simplified LMIA is only available in the province of Quebec. The regular LMIA is processed on a case-by-case basis with processing times varying greatly from applicant to applicant. Generally, it takes a several weeks to months to receive a response on a regular LMIA application.
If an employer is eligible for Canada’s Global Talent Stream, they may qualify for expedited LMIA processing. The simplified LMIA completed for Quebec employment is usually processed in approximately two to three months.
It is impossible to give a rate of success for work permit/LMIA applications, as all applications are processed on a case-by-case basis. If an applicant meets the requirements of the LMIA, their application should be approved. However, applications are assessed by individual officers, each exercising their own discretion in choosing whether or not to approve a work permit application.
If you are applying for a closed Canadian work permit, your spouse may be eligible for an open work permit. If your spouse is eligible, they will need to apply for their own work permit. In most cases, they must apply for this permit online.
After an LMIA application has been processed, employers will be issued a decision. If the employer is issued a positive LMIA, they can proceed with hiring a foreign national. If a negative LMIA is issued then unfortunately the employer is not approved to hire a foreign national.
Positive LMIAs are valid for 6 months from the date of issue. After receiving a positive LMIA, the employer must notify the foreign national so that they can apply for their work permit or permanent residence. In certain conditions, employers may apply to have their LMIA application processed in 10 days. To qualify for expedited processing, an employer must be located outside of Quebec and meet one of the following requirements:
- Highest wage positions: top 10% of wages earned by Canadians in the province/territory of the job
- Skilled Trades: paid at least the median provincial/territorial wage for the position.
- Short-Term positions: 120 days or less
- Express Entry: the LMIA is to assist an Express Entry candidate
If an employer is hiring a TFW to be paid at or above the median hourly wage for their province or territory then they must go through the high-wage workers stream for LMIAs. If an employer is hiring a TFW to be paid below the median hourly wage then they must go through the low-wage workers stream.
|2022年4月30日前时薪中位数 Median hourly wages prior to April 30, 2022
|2022年4月30日后时薪中位数 Median hourly wages as of April 30, 2022
|英属哥伦比亚省 British Columbia
|新不伦瑞克省 New Brunswick
|纽芬兰与拉布拉多省 Newfoundland and Labrador
|西北地区 Northwest Territories
|新斯科舍省 Nova Scotia
|爱德华王子岛 Prince Edward Island
In certain cases, it may not be necessary for an employer to obtain an LMIA in order to hire a foreign worker. The majority of LMIA exemptions are managed through the International Mobility Program. Learn more about LMIA-exemptions and about exemptions from requiring a work permit.
The province of Quebec retains significant autonomy over its immigration policies and procedures. For this reason, the province has a few unique distinctions regarding the hiring of foreign workers. The facilitated LMIA process allows Quebec employers to apply for LMIAs without needing to provide evidence that they made efforts to recruit a Canadian citizen or permanent resident to fill the position. Learn more about the requirements for a facilitated LMIA.
The Global Talent Stream (GTS) is a two-year pilot program launched in June 2017 through a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). The GTS assists certain Canadian employers to hire highly-skilled global talent enabling them to compete on an international scale. Employers who are successfully referred to the program will be able to expedite the process for hiring foreign nationals through the Global Skills Strategy.
Canada’s International Mobility Program enables high-skilled foreign nationals to work temporarily in Canada as intra-company transferees. If a foreign national is an employee of a company in a location outside of Canada, they may be eligible to obtain an LMIA-exempt work permit to transfer to one of the company’s locations within Canada. The intra-company transferee rule applies to all countries.
The North American Free Trade Agreement (NAFTA) encompasses an expansive array of trade protocols between Canada, the United States, and Mexico. NAFTA provides unique opportunities for the authorization of citizens of the United States and Mexico to work in Canada. Those foreign nationals covered by NAFTA provisions may be eligible to work in Canada without the requirement for a Labour Market Impact Assessment (LMIA) or a work permit.
The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) encompasses an expansive array of trade protocols between Canada and EU member nations. CETA provides unique opportunities for the authorization of citizens EU nations to work in Canada. Those foreign nationals covered by CETA provisions may be eligible to work in Canada without the requirement for a Labour Market Impact Assessment (LMIA) or a work permit.