An employer in Canada can apply for a Labour Market Impact Assessment (LMIA) if they wish to hire a foreign worker for a specific job. The process for obtaining an LMIA involves several steps and can take several weeks to complete. Here is an overview of the process:
- Post the job opening: The employer must first advertise the job opening to Canadian citizens and permanent residents, and demonstrate that they have made a genuine effort to recruit Canadians and permanent residents.
- Complete the LMIA application: The employer must then complete and submit an LMIA application to Employment and Social Development Canada (ESDC), along with the required documentation and fees.
- Review of the application: ESDC will review the application to determine if the hiring of a foreign worker will have a negative impact on the Canadian labour market. This may include an assessment of the qualifications of the foreign worker and the wages and working conditions offered by the employer.
- Decision: ESDC will issue a decision on the LMIA application, which can either be positive or negative. A positive decision means that the foreign worker can apply for a work permit, while a negative decision means that the foreign worker is not eligible to work in Canada.
- Compliance: The employer must comply with the conditions of the LMIA and report any changes in the job or in the foreign worker’s employment status to ESDC.
It’s important to note that LMIA is not the only way for an employer to hire a foreign worker, and that not all jobs require an LMIA